What facts give rise to a fiduciary duty?
Ontario, Canada
The following excerpt is from Ontario Black Bear/Ontario Sportsmen & Resources Users Assn. v. Ontario, 2000 CanLII 22815 (ON SC):
76 Facts giving rise to a fiduciary duty have three general characteristics: (1) the fiduciary has scope for the exercise of some discretion or power; (2) the fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests; (3) the beneficiary is particularly vulnerable to or at the mercy of the fiduciary holding the discretion or power. See Wilson J. in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 (S.C.C.) at p. 136.
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