Peoples Department Stores Inc (Trustee of) v Wise,[1] 2004 SCC 68 is a major Supreme Court of Canada decision on the scope of the fiduciary duty upon directors and officers of a corporation.
To reduce costs, they developed a scheme where certain inventory would be purchased through Peoples and then transferred to Wise on credit.
The creditors for Peoples brought an action against the Wise brothers for breach of their fiduciary duties as directors under section 122(1) of the CBCA by implementing the credit scheme.
At trial, the Quebec Superior Court found that the Wise brothers breached their fiduciary duty.
The Court of Appeal had relied heavily on the SCC's ruling in 373409 Alberta Ltd (Receiver of) v Bank of Montreal[2] in reaching its decision.