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owner of Holdco, wrongfully excluded Dale, a co-shareholder

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681210 ALBERTA LTD. (OKOTOKS<br />

CINEMAS) C. HUNTER, 2012 ABQA 83<br />

• [132] Moreover, the Court states that the director in Slate Venture<br />

would have breached his fiduciary duty even if the <strong>co</strong>nflict had been<br />

potential as opposed to actual. The Court expressly held that limiting<br />

the duties <strong>of</strong> a director who had be<strong>co</strong>me aware <strong>of</strong> an opportunity<br />

outside <strong>of</strong> his position as a director to instances <strong>of</strong> potential <strong>co</strong>nflict<br />

alone runs <strong>co</strong>ntrary to the ratio in Canaero.<br />

49

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