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16 - The measurement of compensation claims against trustees and fiduciaries

Published online by Cambridge University Press:  10 November 2010

By
Lionel Smith
Edited by
Elise Bant  and
Matthew Harding
Elise Bant
Affiliation:
University of Melbourne
Matthew Harding
Affiliation:
University of Melbourne
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Summary

Introduction

One of the wonderful things about working at the university, in the world of ideas, is that ideas defy physical distance. Unlike some other contributors to this volume, I have never had the pleasure of working alongside Michael Bryan, although I have frequently had the good fortune to meet him at conferences. But even so, I can keep his ideas always close at hand. His meticulous analysis of any problem always repays careful study, and this is especially true of the particularly difficult problems that he often chooses to engage with. I have learned a lot from him, and from his ideas.

Everyone would agree that Michael Bryan is an authority on equity, and for my contribution to this volume in his honour, I have chosen a topic in that field. Although it was decided almost twenty years ago, Canson Enterprises Ltd v Boughton & Co remains the leading authority from the Supreme Court of Canada on the question of the measurement of claims for compensation against fiduciaries. The case involved a claim against a solicitor for a breach of his fiduciary obligations, but the judgment addresses the measurement of claims against trustees as well. Canson repays study not only for Canadian lawyers; it has been influential in some of the highest appellate courts of the Commonwealth.

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Chapter
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Exploring Private Law , pp. 363 - 376
Publisher: Cambridge University Press
Print publication year: 2010

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References

Honoré, T, ‘Necessary and Sufficient Conditions in Tort Law’ in Honoré, T (ed), Responsibility and Fault (Hart Publishing, Oxford 1999) 94Google Scholar
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Smith, L, ‘Understanding Specific Performance’ in McKendrick, E and Cohen, N (eds), Comparative Remedies for Breach of Contract (Hart Publishing, Oxford 2005) 221Google Scholar
Elliott, SB and Mitchell, C, ‘Remedies for Dishonest Assistance’ (2004) 67 MLR16, 23–31CrossRefGoogle Scholar
Backhouse, C and Backhouse, NL, The Heiress vs the Establishment: Mrs Campbell's Campaign for Legal Justice (UBC Press, Vancouver 2005)Google Scholar
Smith, L, ‘Fusion and Tradition’ in Degeling, S and Edelman, J (eds), Equity in Commercial Law (Lawbook Co, Sydney 2005) 19Google Scholar
Bryan, M, ‘Recovering Misdirected Money from Banks: Ministerial Receipt at Law and in Equity’ in Rose, F (ed), Restitution and Banking Law (Mansfield Press, Oxford 1998)Google Scholar
Bryan, M, ‘Unjust Enrichment and Unconscionability in Australia: A False Dichotomy?’ in Neyers, J, McInnes, M and Pitel, S (eds), Understanding Unjust Enrichment (Hart Publishing, Oxford 2004)Google Scholar
Bryan, M, ‘The Liability of the Recipient: Restitution at Common Law or Wrongdoing in Equity?’ in Degeling, S and Edelman, J (eds), Equity in Commercial Law (Lawbook Co, Sydney 2005)Google Scholar

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