Assessment of Equitable Compensation for Breach of Trust
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
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⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Equitable compensation should be assessed at the date the orders are made, using the latest share price information.
- The purpose of equitable compensation is to restore the actual value of what was lost through the breach of trust.
- The obligation to restore assets means that monetary compensation should be based on the value of assets at the date of restoration.
- The quantum of equitable compensation is fixed at the date of judgment to put the trust estate back into its original position.
- If the claimant could show they would have sold the shares at a favorable time, compensation would be based on that hypothetical sale.
❌ Tends to be rejected
- The argument that trust assets would have been dealt with to best advantage is not accepted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about the method used to calculate the compensation for a breach of trust involving the sale of shares.
How did the court decide, and why?
The court decided to use the current market price at the time of the order, rejecting arguments for using past prices because the breach had already occurred.
Which laws or rules were applied?
No specific laws or rules were cited in the judgment.
What was the argument that mattered most?
The argument that mattered most was whether to use the current market price or a past price to assess the compensation.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as they were awarded compensation based on the current market price.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider the timing of the order when calculating compensation for a breach of trust involving the sale of shares.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were crucial to the decision.