Trial judge adopted ‘unduly restrictive view’ of when fiduciary duty arose; cross-appeal allowed

By Amanda Jerome (September 1, 2022, 12:19 PM EDT) -- The Court of Appeal of Alberta has allowed a cross-appeal by a corporation and its affiliates in a dispute with its lawyer and joint venture business partner, ruling that the lawyer “owed fiduciary obligations to his client” in the negotiation of several agreements and that his obligation to “at a minimum, explain his conflict of interest in drafting the agreements and recommend that they obtain independent legal representation” was breached....
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