Comparing Apples and Oranges: The Fiduciary Principle in Australia and Canada after Breen v Williams

Abstract

[extract] Until the recent High Court decision in Breen v Williams, it has been difficult to determine the extent of the schism between the two Jurisdictions. That decision has, however, confirmed that the High Court is unwilling to follow the Canadian approach to the fiduciary principle, and that a clear divergence will continue between the two Jurisdictions. This article will consider the pro-active approach of the Supreme Court of Canada to the imposition of fiduciary duties, and to the remedies available for breach of fiduciary duty, and contrast this with the more traditional approach towards the fiduciary principle in Australia, as exemplified by the High Court's decision in Breen v Williams.