Where a fiduciary has misapplied trust funds, the beneficiary is entitled to discovery and accounts before being required to elect between compound interest and an account of profits. A fiduciary cannot resist an account of profits by relying on the absence of evidence when that absence was caused by his own refusal to disclose information. In assessing whether a judgment is more favourable than an O 24A offer, the court may have regard to non-monetary relief obtained, including a declaration of fiduciary status.
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