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British Columbia Court of Appeal dismissed TEG’s appeal, holding the employee did not owe an ad hoc fiduciary duty and upholding double costs after rejection of a settlement offer.
The court assessed damages for eight admitted child sexual assaults, awarded $33,000 in non-pecuniary/aggravated damages and $5,000 for future care, and declined punitive damages.
The Court upheld findings of just cause and no fiduciary duty, but set aside a summary special costs assessment because no bill or fee evidence was before the court.
Supplemental reasons on asset division in a family property dispute. The Court rejected a partnership finding, found an ad hoc fiduciary relationship, and made limited asset and debt orders.
The motion is dismissed because the defendant did not hold discretionary power of the kind that creates an ad hoc fiduciary relationship and there was no undertaking to act in the insurer's interests; the reimbursement agreement and policy created a creditor-debtor obligation rather than a trust or fiduciary duty, so the debt did not fall within s.178(1)(d) BIA and does not survive bankruptcy.
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The court found an ad hoc fiduciary relationship between John Rusin and Jenny Sledin, held he breached it, and awarded damages, tracing, accounting, and an injunction.
The court found the $40,000 was an investment in a Texas company based on contemporaneous emails and conduct, not a debt owed by defendant; no ad hoc fiduciary relationship arose because defendant did not undertake loyalty nor possess decisive discretionary power over the funds; no binding guarantee by defendant to repay $20,000 was proven; therefore the claim fails and the action is dismissed.
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