The appellant appealed the dismissal of his claim for a share of profits made by the respondent from the purchase and resale of a recreational property.
At trial, the appellant claimed an agreement to jointly purchase and market the property, which the trial judge rejected.
On appeal, the appellant argued breach of fiduciary duty and sought 100% of the profits.
The Court of Appeal dismissed the appeal, finding that breach of fiduciary duty was not pleaded at trial, the record did not support an agency or fiduciary relationship, and the appellant had repudiated his agreement to purchase the property before the respondent resold it.
