Courts Differ on Standard to Establish Fiduciary Status in Applications to Restrain Solicitation of Clients

Capital Direct Lending Corp. v. Blanchette, 2019 BCSC 1068; Brian L. Leipert Financial Services Ltd. v. Reiter, 2019 SKQB 310

Courts in BC and Saskatchewan come to opposite conclusions on whether the strong prima facie case threshold is applicable to establishing breach of fiduciary duty in claims for injunctive relief to prevent solicitation pending trial. Differing approaches are determinative in decisions whether to grant relief.

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