A company's loss of an opportunity to obtain funding is not, of itself, a substantial financial loss for the purposes of equitable compensation for breach of fiduciary duty. The loss must be assessed by reference to whether the funding would, or might, have been put to profitable use, and any recoverable loss is represented by the profit not able to be earned by use of the expected funding. Where a wrongdoer's actions have made precise proof of loss problematic, the court must do its best to assess the probabilities or possibilities involved in a robust manner, and doubtful questions should be resolved against the wrongdoer.
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