The appellants appealed a trial judgment finding they breached a fiduciary duty to a joint venture corporation.
The appellants managed a real estate development for the joint venture and allowed the property to go into power of sale, subsequently purchasing it for themselves.
The Court of Appeal upheld the trial judge's finding that a fiduciary relationship existed and that the appellants breached their duty to avoid conflicts of interest.
The appeal was dismissed and the imposition of a constructive trust was affirmed.