A Tale of a Faithless Fiduciary
3444920 Canada Inc. v. Strother , 2005 BCCA 35[1] A recent decision of the B.C. Court of Appeal has hit a senior Vancouver lawyer, and possibly his firm, with a judgment worth more than $30 Million as a result of the lawyer’s breach of fiduciary duty to a client. The lawyer is Robert Strother, formerly a senior partner at Davis & Company in Vancouver , who had an extremely profitable and successful relationship with Monarch Entertainment Corporation setting up tax sheltered syndication deals to finance film productions. In 1996, Strother and Monarch signed an agreement that prohibited Strother from acting ... [more]
Dominant firms can have loyalty and rebate programs that encourage exclusivity, Tribunal rules
Bibby, a division of Canada Pipe, dominates the market for cast iron drain, waste and vent pipes. Its rebate program encourages its customers to stock its products exclusively. But Bibby’s rebate program is not anti-competitive, and thus Bibby did not abuse its dominant position, the Competition Tribunal ruled in a decision released in February, 2005. [more]
Competition Bureau obtains record fine for domestic paper conspiracy
On January 9, 2006, fine paper distributors Cascades Fine Papers Group Inc., Domtar Inc. and Unisource Canada each pleaded guilty to two counts of conspiracy and were fined $12.5 million each, for a total of $37.5 million, for conspiring to fix the price for carbonless sheets. [more]
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