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What is happening with stablecoins in Canada?
Canadian securities regulators have taken a pragmatic approach to the trading of crypto assets.
It is well-settled in New York that a fiduciary relationship arises between two persons when one of them is under a duty to act for, or to give advice for the benefit of another, upon matters within the scope of the relation. Roni LLC v. Arfa, 18 N.Y.3d 846 (2011). Oftentimes, a fiduciary relationship arises out of a formal agreement between the parties. Classic examples include relationships between attorneys and their clients, physicians and their patients, and corporate directors and their corporations.
New York courts have also acknowledged, however, that a fiduciary relationship can be created informally under "special circumstances." These informal relationships require a much more fact-intensive analysis by the courts to determine if the parties owe certain fiduciary duties to one another. Recently, the Commercial Division has grappled with the question of whether a close friendship could be the kind of special circumstances that can give rise to fiduciary duties.
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Canadian securities regulators have taken a pragmatic approach to the trading of crypto assets.
Publication
For anyone seeking or about to seek an injunction – be forewarned. Either bring your “A” game when filing your application and evidence, or save your time and money.
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Corporations are considered separate legal persons distinct from the people that run them. But, they do not have their own minds or willpower. This raises a question when statutory or common law tests require a finding as to the intent of the corporation.
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