Jonathan Shepherd’s article “Demystifying the Employee Fiduciary Identity,” has been published by the Canadian Labour & Employment Journal in Vol. 22 No. 2, 2020.
This article looks at the two distinct approaches applied by Canadian courts when determining whether an employee should be held to a fiduciary in relation to the employer: the “key employee” approach, and the ad hoc characteristics approach. Jonathan identifies the issues with each of these current approaches and suggests the possibility of a new analytical model – one that incorporates the useful features of these existing approaches.