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Lloyd's Maritime and Commercial Law Quarterly

DUTIES OF CONFIDENCE AND LOYALTY

International Corona Services v. Lac Minerals
The Fiduciary Relationship is a most restless area, needing to be quieted from time to time. But it was only by a bare majority that the Supreme Court of Canada succeeded in doing so recently, in International Corona Services v. Lac Minerals.1 The facts of the case are not particularly unusual however, so that the diversity of opinion among the judges on the possible grounds of liability and the remedies flowing from them has particular interest.
Corona was a recently formed mining company that had identified land—the Williams land—immediately to the west of property it already owned in Northern Ontario, as potentially gold-bearing. Corona interested Lac, an established and better financed mining company, in the possibility of a joint venture to develop the Williams land, and while doing so divulged to Lac significant information known only to itself. Discussions on a possible joint venture had been running for only a very few weeks, however, when Corona learnt that Lac had acquired the Williams land for itself, though Corona was fully intending to do so and had in fact already made an offer for it. Nothing had been said expressly about confidentiality during the discussions, but the trial judge held it to have been obvious to Lac that the information was confidential and divulged only in the context of the discussions; and that the information had been crucial in leading Lac to acquire the Williams property and develop it into a gold mine worth nearly $2 billion.
Corona brought an action seeking an order that Lac “deliver up” the Williams

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