Document Type
Article
Publication Date
2017
Publication Information
80 Sup. Ct. L. Rev. 2d 237 (2017)(Canada).
Abstract
The Supreme Court of Canada has won faint praise and significant criticism for its fiduciary jurisprudence over the past few decades. In prior work, I have come to the partial defence of the Court, commending it for its willingness to confront key questions going to the structure and scope of fiduciary liability, and equally for its interest in ensuring that the law's elasticity is not lost to unreflective adherence to custom and convention. By contrast, peer courts in other jurisdictions have been much less open and creative in addressing questions concerning fiduciary law's general principles and, as a result, the law has in these countries been comparatively inelastic.
Recommended Citation
Paul Miller,
Defining the Scope of Fiduciary Liability,
80 Sup. Ct. L. Rev. 2d 237 (2017)(Canada)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1835
Comments
Abstract from introduction.