Hutchinson v. Fleming

Hutchinson v. Fleming

Defendant was the plaintiff's agent and breached fiduciary duty by obtaining secret profits through clandestine and deceitful transactions; he must account for those profits, hold property acquired with them on constructive trust for the plaintiff, and is not entitled to any commission or allowance arising from the transactions; appeal dismissed.

Citation
(1908) 40 SCR 134
Parties
Appellant/defendant: Dudley D. Hutchinson; Respondent/plaintiff: Amos C. Fleming
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 March 1908
Procedural Posture
Civil Appeal Concerning Agency, Trust and Fraud / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia (final Judgment)
Outcome
Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed.
Legal Topics
Secret Profit, Fiduciary Duty, Brokerage/commission, Constructive Trust, Sham Purchaser, Deceit, Quantum Meruit
Source Language
English
Agency Trust Equity Real Property Fraud Secret Profit Fiduciary Duty Brokerage/commission +4 more

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Parties

Dudley D. Hutchinson

Appellant/defendant

Amos C. Fleming

Respondent/plaintiff

Procedural Posture

Civil Appeal Concerning Agency, Trust and Fraud / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia (final Judgment)

Legal Issues

  1. 1 Whether the defendant acted as the plaintiff's agent
  2. 2 Whether the agent made secret profits and must account to the principal
  3. 3 Whether the defendant was entitled to commission or quantum meruit despite fiduciary breach

Ratio Decidendi

Defendant was the plaintiff's agent and breached fiduciary duty by obtaining secret profits through clandestine and deceitful transactions; he must account for those profits, hold property acquired with them on constructive trust for the plaintiff, and is not entitled to any commission or allowance arising from the transactions; appeal dismissed.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed.

Orders

  • Appeal dismissed with costs
  • Defendant to account for secret profits and hold the lots purchased with those profits on constructive trust for the plaintiff