What is the test for knowingly participating in a breach of duty by a fiduciary who is not a trustee?
Alberta, Canada
The following excerpt is from Evans v. Anderson, 1977 ALTASCAD 60 (CanLII):
All four judges agreed that the principle of Barnes v. Addy applies to persons who knowingly participate in a breach of duty by a fiduciary who is not a trustee. All four also agreed that although Lord Selbourne speaks of dishonesty and fraud, a breach of fiduciary duty is sufficient in this sense.
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