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The issue on this Application is whether the portions of a claim which alleges breach of fiduciary duty by two directors and officers of the Defendant corporation should be allowed to proceed.

The Claimant Zou Guo Qiang (“Zou”) was employed by the defendant T&T Supermarket Inc. (“T&T”) under the Immigration Canada-Sponsored Migrant Worker Program which required that he leave Canada if he stopped working for T&T. Zou claims against T&T for wrongful dismissal, unpaid overtime and damages for confiscation of his passport and working papers. Zou says he was required to surrender his Passport, Social Insurance Card and Immigration Canada Work Permit and when he requested their return they were not returned to him.

Determination of the claim is best left to the trial judge who will hear all of the evidence and then consider whether a fiduciary duty is applicable in the circumstances. Dismiss the Lees’ Application and order that the matter be re-set for a Settlement Conference.