Decision of The Supreme Court of Canada
The court ruled unanimously that there had been a breach of confidence, and by 3-2 it was held that no fiduciary duty existed in this case, and by 3-2 that the imposition of a constructive trust on Lac in favour of Corona was the appropriate remedy.
- = majority
- = dissent
| Issue | La Forest J | Wilson J | Sopinka J, joined by McIntyre J | Lamer J |
|---|---|---|---|---|
| Breach of confidence on the part of Lac Minerals Ltd | Yes | Yes | Yes | Yes |
| Existence of a fiduciary relationship | Yes | No ongoing relationship, but a fiduciary duty arose when Corona made confidential information available to Lac with respect to the Williams Property | No | No |
| Appropriate remedy | Award Corona a constructive trust over that land. Damages are not an appropriate award. | Imposition of a constructive trust on Lac in favour of Corona with respect to the property. The remedy of constructive trust is available for breach of confidence as well as for breach of fiduciary duty. | The conventional remedies for breach of confidence are an accounting of profits or damages. Corona is entitled to damages and related interest. | Concur with La Forest J. |
Read more about this topic: Lac Minerals Ltd. V. International Corona Resources Ltd.
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