Interhealth Canada Limited v. O’Keefe
Former CEO Fiduciary Duties: Corporate Opportunities Appeal
Summary
This is an appeal from the Court of Appeal for Ontario regarding a dispute over fiduciary duties owed by a former CEO to their former employer. The central issue was whether the former CEO breached fiduciary duties by diverting corporate opportunities to a new entity, specifically examining if the opportunities were distinct from those available to the appellant and whether pre-resignation conduct constituted a breach. The Court of Appeal found no breach, upholding the trial judge's findings that the opportunities were fundamentally different and that the appellant failed to demonstrate prejudice from trial management decisions or improper hearsay evidence.
Outcome
appeal dismissed
Key Factors
- fiduciary duties
- corporate opportunities
- former CEO
- post-resignation conduct
- trial management
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