From: Gerard Sadlier <gerard.sadlier@gmail.com>
To: obligations@uwo.ca
CC: ENRICHMENT@LISTS.MCGILL.CA
Date: 30/01/2015 05:10:19 UTC
Subject: Limitation Periods for Breach of Fiduciary Duty?

Dear all,

I'd be grateful for any references to authorities on the following issues:

1. Where a claim for breach of fiduciary duty is for breach of the
fair dealing, self dealing or no profits rules, can that claim be
barred after a 6 year period on the grounds that equity would apply
the Statute of Limitations by analogy?

2. Where a fiduciary is employed by both parties to a transaction as
agent and one of the parties to that transaction ("A") does not know
the fiduciary is also acting for the other party to the transaction
("B"). If A claims that the fiduciary acted in breach of fiduciary
duty and seeks to rescind the transaction as against B, what level of
knowledge must A bring home to B to justify rescission? (Assume that
this relates to a transaction for value.)

3. In what circumstances can the knowledge of the fiduciary who acts
as agent in 2 above be attributed to B and why should it be attributed
to B rather than A?

Any thoughts would be really welcome. With apologies for cross posting.

Kind regards

Ger