Area of Expertise
Breach of Fiduciary Duty, Misrepresentations, and Negligence Claims
A fiduciary duty is an acceptance of responsibility to act in the best interests of another person or entity. For example, a lawyer owes a fiduciary duty to their clients, and an employee may have a fiduciary duty or loyalty to an employer. A breach of fiduciary duty occurs when a principal fails to act responsibly in the best interests of a client. Misrepresentation is a false statement of a material fact made by one party, which affects the other party’s decision in agreeing to a contract. Lastly, negligence claims result when someone acts in a careless way and causes an injury to another person.
CHS has significant experience in quantifying damages and profits in matters involving breach of fiduciary duty, misrepresentations, and negligence. For example, CHS has quantified the plaintiffs’ damages and the defendants’ profits in matters where employees were found to have breached their fiduciary duties when they left the plaintiff company and joined the defendant company. CHS has also quantified losses in matters involving alleged negligence by lawyers in drafting agreements and in undertaking other activities on behalf of their clients.
Quantification of Damages in Breach of Fiduciary Case Involving an Industrial Products CompanyMatter involving the quantification of damages resulting from a breach of fiduciary duty by a former employee that left and started their own industrial products business.Learn More
Borrelli (as Trustee of the SFC Litigation Trust) v. Chan2018 ONSC 1429; 2019 ONCA 525; 2020 SCC 38733Major damages assessment involving the defunct Sino-Forest Corporation and losses suffered as a result of fraudulent schemes orchestrated by the company’s former CEO.Learn More
McDonald and Dickson, as Joint Liquidators of Stanford International Bank v. TD Bank2021 ONSC 3872Major damages assessment involving the defunct Stanford International Bank (Antigua/Houston TX) and the losses suffered by the company as a result of the world’s second largest Ponzi scheme orchestrat...Learn More
News & Insights
Prem Lobo’s article "Causation and Financial Losses: Factors to Consider, The Expert’s Role, and Reflecting the Impact of Unrelated Factors (COVID-19)" (co-author) was published in the 2021 Journal of Business Valuation.
Antonina Wasowska’s article "Smaller, Not Simpler - Challenges with Litigation Engagements for Smaller Businesses" (co-author) was published in the 2021 Journal of Business Valuation.