Can a fiduciary position holder be required to repay an amount unaccounted for?
Ontario, Canada
The following excerpt is from Hooper (Estate) v. Hooper, 2011 ONSC 4140 (CanLII):
[20] Where a person in such a fiduciary position fails to pass accounts or otherwise account for his actions, he can be required to repay the amount unaccounted for, to the estate.[1] In Todosichuk v. Daviduik[2], the court confirmed, not surprisingly, that the breach of such a special relationship gives rise to wide array of equitable remedies. These equitable remedies, which are always subject to the discretion of the court, are designed to address not only fairness between the parties, but also the public concern about the maintenance of the integrity of fiduciary relationships.
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