COURT FILE NO.: 520/02
DATE: 20030402
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BENOTTO S.J., BROCKENSHIRE AND CAMERON JJ.
B E T W E E N:
BASE CONTROLS LIMITED
Plaintiff (Appellant)
- and -
BENNETT + WRIGHT GROUP INC.,
DE HAVILLAND LIMITED, BOMBARDIER INC., LARRY L. MYERS AND AL KRAMER
Defendants (Respondents)
Ronald S. Sleightholm, for the Plaintiff (Appellant)
Paul Ivanoff and Jean-Marc Leclerc, for Bombardier Inc. and De Havilland Limited
Jay Vieira, agent for Amherst Crane Rentals
HEARD: April 2, 2003
BENOTTO S. J.: (Orally)
[1] In reviewing the proposed amendment the Master proceeded on the basis that it must give rise to a triable issue. In our view, it is plain and obvious that the facts cannot support a finding of fiduciary duty.
[2] As stated by the Master, the hallmarks of a fiduciary relationship, namely expectations of loyalty, trust, fidelity and confidence are not present. Moreover, a beneficiary is entitled to expect that the fiduciary would be concerned with the beneficiary's interest and always prefer them to his own. See Hodgkinson v. Simms at p. 429, R. v. Neil, at par. 26 and also see Lax v. Corona.
[3] We agree with the reasons of the Master and the appeal is dismissed.
[4] Costs awarded in the amount of $10,000 (inclusive of disbursements and GST) to the respondents De Havilland Limited and Bombardier Inc.
BENOTTO S. J.
BROCKENSHIRE J.
CAMERON J.
Date of Reasons for Judgment: April 2, 2003
Date of Release: April 10, 2003
COURT FILE NO.: 520/02
DATE: 20030402
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BENOTTO S.J., BROCKENSHIRE AND CAMERON JJ.
B E T W E E N:
BASE CONTROLS LIMITED
Plaintiff (Appellant)
- and -
BENNETT + WRIGHT GROUP INC.,
DE HAVILLAND LIMITED, BOMBARDIER INC., LARRY L.MYERS AND AL KRAMER
Defendants/Respondents
ORAL REASONS FOR JUDGMENT
BENOTTO J.
Date of Reasons for Judgment: April 2, 2003
Date of Release: April 10, 2003