O'Dell v. Hastie 1968 513 SK QB

“A trustee, in the proper sense of the term, is one who holds the legal title to property for the benefit of another, known as the Cestui Que trust. All that is necessary to establish the relation of trustee and Cestui Que trust is to prove that the legal title was in the former and the equitable title in the latter. * * * Being proved, no matter how, the relation of trustee and cestui que trust is thereby established.”

R. v. Carriere, 2005 SKQB 494 (CanLII)

[46] I agree with counsel for the applicant that it would be difficult to quarrel with a member of the public who stated he perceived a lack of impartiality in the foregoing situation. But such a person would not necessarily be familiar with the organization of the Department of Justice. As has been noted elsewhere, there is an inherent systemic conflict within every Department of Justice by reason of the fact the same person occupies the position of Minister of Justice and Attorney General with responsibility for both civil and criminal matters. To say there is a “conflict of interest”, a term familiar to lawyers, relevant to their dealings with clients, does not advance the discussion. The issue of impartiality is to be decided on the basis of whether there exists in law a bias, or a reasonable apprehension thereof.

Kindersley District Credit Union Limited v. Niles and Zemlak, 1987 CanLII 4584 (SK QB)


[17] The liabilities and duties imposed upon persons in a fiduciary relationship to others are set out in 16 Halsbury’s Laws of England, (4th Ed.), p. 981 as follows:

“1456. Conflict of duty and interest. A court of equity imposes special liabilities and duties upon persons who stand in a fiduciary relationship to others, and it is a principle of equity that no person having duties of a fiduciary nature to discharge should be allowed to place himself in a situation where he has, or can have, a personal interest conflicting, or which may possibly conflict, with the interest of those whom he is bound to protect. The principle extends not only to the relationship between trustee and beneficiary, but to all kinds of fiduciary relationships where a real conflict of duty and interest occurs; it is not dependent on fraud or absence of good faith.

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