Breach of Fiduciary Duty

Kitchener-Waterloo Breach of Fiduciary Duty Lawyers

Canada’s legal system recognizes a number of special relationships in which the imbalance of power or the special relationship between the parties requires one party to put the best interests of the other party first. These relationships are known as fiduciary relationships, and while each case needs to be examined carefully to see whether the relationship involved is a fiduciary one, the law has recognized that a fiduciary relationship will generally exist between:

  • Lawyer and client
  • Physician and patient
  • Director and corporation
  • Partners
  • Executor and beneficiary
  • Trustee and beneficiary
  • Attorney and grantor

All fiduciary relationships involve the highest level of trust and confidence. The person subject to the fiduciary obligation has a duty to act in good faith, with integrity and honesty, and make decisions which are strictly in the best interest of the party to whom the obligation is owed. The fiduciary must also be impartial at all times, and cannot make decisions which benefit herself/himself or, in cases where the duty is owed to more than one person, make decisions which favour one person to the detriment of the others. The legal consequences for a breach of this important duty are significant.

How Can We Help?

At Petker Campbell Postnikoff in Waterloo, our lawyers have served the community and represented clients in Kitchener-Waterloo and throughout Southern Ontario for decades. With dedicated practice areas devoted to professional negligence, estate and inheritance disputes, business disputes, stockbroker and financial advisor negligence, shareholder and partner disputes, we have many years of experience representing clients in all types of claims involving breaches of fiduciary duties.

Consequences for a Breach of Fiduciary Duty

Breaches of fiduciary duty can cause significant legal, emotional and financial losses to the person to whom the duty is owed.  These breaches are a serious violation of the law and have equally serious implications for the fiduciary who violates the high level of trust that is placed in her.

The remedy for a breach of a fiduciary duty is to place the person to whom the duty was owed back in the position she would have been had the breach not occurred. Losses resulting from a breach of fiduciary duty can include:

  • financial losses – investments, bank accounts, trust funds
  • physical or mental suffering from abuse by a medical professional
  • ethical breaches by a lawyer, accountant, or other regulated professional
  • abuse of a position of trust by a business partner
  • fraud or incompetence on the part of an executor, attorney for personal property, attorney for personal care or trustee

For trusted representation in breach of fiduciary duty claims contact Petker Campbell Postnikoff

If you think you have been affected by a breach of fiduciary duty, contact the dedicated and knowledgeable lawyers at Petker Campbell Postnikoff. We have many years of experience guiding clients throughout southern Ontario, including Cambridge, Guelph, Elmira, Brantford, Fergus, and Elora, in this complex and specific area of law.  Call us 519-886-1204 or contact us online for a consultation.