Labour & Employment Law Blog

The fiduciary role in a business context

Zeilikman Law

Zeilikman Law

Case Summary

Generally speaking, there are three characteristics to a fiduciary relationship. First, the fiduciary has the power to make choices. He or she must be able to exercise some discretion or power over another person. Second, the fiduciary must have the power to affect a beneficiary’s interests. The fiduciary can exercise such power unilaterally so as to affect the beneficiary’s practical interests. Third, the beneficiary is vulnerable to or is at the mercy of the fiduciary. A fiduciary relationship, thus, goes beyond mere duty of care or contractual liability; it is a relationship that is premised on power imbalance and trust.

Fiduciary relationships are recognized in law in numerous places. In business there are various occasions where a fiduciary relationship would be found. For instance, in addition to owing a duty of care – that is, in addition to performing adequately in the course of their duties – directors and officers are said to be fiduciaries to the corporation. The idea is that a corporation (via its various shareholders) is at the mercy of the directors and officers who are in charge of managing its day-to-day operations. Normally, directors and officers are fiduciaries to the corporation and not the corporation’s shareholders. However, the law allows shareholders to vindicate their rights and keep directors and officers in check.

The law regards business partners as fiduciaries as well. Partners must deal with each other and the partnership in the utmost good faith. Just like the directors and officers who should be acting in the best interests of the corporation, partners must act in the best interests of the partnership of which they form a part.

If you have been accused of breaching your fiduciary duty or if you or your organization has suffered harm as a result of questionable conduct of a partner, director or an officer, we invite you to contact us for a consultation.

The above article is for general information purposes only, does not constitute legal advice or create a solicitor-client relationship. Because each case is unique and factually driven, if you have concerns with regard to the foregoing issues, please make an appointment with one of our lawyers or a qualified legal practitioner elsewhere. We represent clients in the Greater Toronto Area including Toronto, North York, Markham, Vaughan, Thornhill, Newmarket, Aurora, Brampton, Mississauga, Barrie, Ajax, Whitby, Pickering and Oshawa.

Legal Receptionist

Zeilikman Law is an employment law firm located in Vaughan, Ontario. We are looking to hire a legal receptionist to join our firm. Preference will be given to candidates who have experience working as a receptionist at another law firm.

Location: Vaughan, Ontario.

Start Date: Immediately.

Hours: Monday to Friday, 9 am to 5 pm. Full time. In-person only. This is not a remote work position.

Wages: 35,000 to 40,000 per year.

Duties and Responsibilities:

  • Manage our firm’s multi-line telephone system to receive incoming calls.  Screen incoming telephone call inquiries to determine the nature of the telephone call and provide standard information related to our legal services.  Take and deliver messages and route incoming telephone calls to the appropriate staff person.
  • Answer general inquiries coming from the firm’s social media and website email.
  • Welcome in-person visitors upon arrival.  Direct visitors to the appropriate staff person and / or office or boardroom.
  • Organize in-person visitor schedule to prevent overlap and multiple bookings.
  • Receive, sort, and distribute daily mail and deliveries.
  • Arrange for couriers.
  • Keep front reception, kitchenette area and boardroom tidy.
  • Perform various clerical duties such as filing, photocopying, and faxing on an as-needed basis.
  • Process client or other payments.
  • May be asked to run minor errands outside of office such as attending post office to arrange a courier or pick up mail.
  • May be asked to assist other law clerks or lawyers of the firm as required and as appropriate.
  • Any other basic administrative duties or tasks as deemed appropriate.

Required Skills:

  • Basic knowledge of general office procedures including filing, faxing, and printing and copying.
  • Basic word processing computer skills.
  • Proficient in receptionist and telephone practices, etiquette, and decorum.
  • Professional attitude and appearance.
  • Excellent organizational skills.
  • Positive customer service attitude is a must.
  • Must be able to maintain confidential and sensitive information.

Education and Experience:

  • Highschool diploma or equivalent.
  • 1 – 2 years’ experience in an office setting with an emphasis in accounting, reception or clerical work is required.   We would prefer experience in a law firm environment.

Applications for this position should be sent via email to jennifer@zeilikmanlaw.com. All applications should include a cover letter, resume and at least two references. Only successful candidates will be contacted.