Canadian Aero Service Ltd. v. O'Malley

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Canadian Aero Service Ltd. v. O'Malley

Supreme Court of Canada

Hearing: May 11, 12, 15, 16, 24, 25, 1972
Judgment: June 29, 1973
Full case name: Canadian Aero Service Limited v. Thomas M. O'Malley, J. M. (George) Zarzycki, James E. Wells, Terra Surveys Limited
Citations: [1974] S.C.R. 592
Ruling: Aero appeal allowed against O'Malley, Zarzycki, and Terra. Appeal dismissed against Wells.
Court membership

Chief Justice: Gérald Fauteux
Puisne Justices: Douglas Abbott, Ronald Martland, Wilfred Judson, Roland Ritchie, Emmett Hall, Wishart Spence, Louis-Philippe Pigeon, Bora Laskin

Reasons given

Unanimous reason by: Laskin J.

Canadian Aero Service Ltd. v. O'Malley, [1974] S.C.R. 592, is a leading civil case decided by the Supreme Court of Canada on corporate director and officer liability. The Court held that anyone in a supervisory or controlling role of a company has a fiduciary duty towards the company which includes the duties of "loyalty, good faith and avoidance of a conflict of duty and self-interest".

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