SUPREME COURT OF NOVA SCOTIA
Citation: Pictou Landing First Nation v. Clark, 2011 NSSC 270
Date: 20110707
Docket: Pic No. 339884
SCP 307476
Registry: Pictou
Between:
Pictou Landing Indian Band
Appellant
v.
Samantha Anne Clark
Respondent
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: May 11, 2011, in Halifax, Nova Scotia
Final Written
Submissions: June 23 2011
Written Decision: July 7, 2011
Subject: Courts - Small Claims Court - Jurisdiction
Summary: Respondent commenced action in Small Claims Court against appellant for breach of fiduciary and trust obligations. An adjudicator of Small Claims Court found the Court had jurisdiction to hear matter as the claim was one of the tort of negligence.
Issue: Are breach of fiduciary duty or breach of trust torts?
Result: Breaches of fiduciary duty or trust are breaches of equitable duties, not torts. The claim is not within the jurisdiction of the Small Claims Court. The appeal is allowed.
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