Download or read book A Fiduciary Duty of Care for Canada written by Robert Flannigan and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court of Canada has been remodeling Canadian fiduciary accountability in arresting ways for decades. Until now however the court had, in its general jurisprudence, clearly separated the duty of care from the duty of loyalty. In that respect the court was aligned with the English view, and opposed the American view, which, as prominently illustrated in Delaware corporate law, characterizes both the duty of loyalty and the duty of care as “fiduciary” duties. The opposed English and American views, it must be noted, appear at this point to be firmly embedded in the jurisprudence of each jurisdiction; the former being properly supported by sound principle, and the latter practically supported by the imperative of economic dominance. The Canadian view, or its reformation, likely will have little influence on that divergence, but it will be of some interest to see how the duty of care may be assuming “fiduciary” character without cogent justification.