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As society increasingly faces governance challenges at all levels, there is a growing recognition of the need to take a longer term and more systemic view of fiduciary obligations. We begin this article with a summary discussion of how fiduciary duties have developed and been applied in the...
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Canadian pension fund managers generally are subject to fiduciary duties requiring them to act with loyalty and care in the best interest of their beneficiaries. These duties have been interpreted by Canadian pension managers to allow or even require them to incorporate ESG factors into their...
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The key purpose of this article is to critically evaluate the recent Australian decisions in Cubillo & Gunner v. The Commonwealth that considered the fiduciary duties owed by the Commonwealth to the aboriginal claimants. The broader factual basis of the plaintS' causes of action was their...
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[enter Abstract Body]Climate change has emerged as a major issue of financial risk for Canadian pension funds when determining where to place investments. The author argues that while such pension funds recognize climate change as an issue that holds the potential for significant financial risk,...
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