The appellants and respondent held equal interests in a limited partnership formed to develop a property.
After their relationship soured, the appellants offered to sell their interest to the respondent.
The respondent accepted the offer while secretly negotiating to sell the entire property to a third party at a profit.
The appellants sued for breach of fiduciary duty and breach of the limited partnership agreement.
The Court of Appeal upheld the motion judge's dismissal of the action, finding that the presumption of a fiduciary duty was rebutted because both parties were acting in their own self-interest with the knowledge that the partnership was ending.
