What is the fiduciary obligation of an individual to perform certain services in order to be considered fiduciaries?
British Columbia, Canada
The following excerpt is from Roussy v Savage, 2019 BCSC 1669 (CanLII):
A fiduciary need not make an express undertaking to fulfill this requirement. The necessary undertaking can also be implied, based on considerations such as professional norms, industry or other common practices, and whether the alleged fiduciary induced the other party into relying on the fiduciary’s loyalty: Galambos v. Perez, 2009 SCC 48 at para. 79. Without it, however, no fiduciary duty can arise.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a solicitor have a fiduciary obligation to the client in order to meet the obligations incurred by the client while providing legal services? (British Columbia, Canada)
Is there any common law case law that states that a person who receives compensation for their services is subject to an onerous obligation to perform their services at all costs of service? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is considered an urgent application for an order to restrict travel to certain countries? (British Columbia, Canada)
What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
Is an order from an application to re-open and re-consider a decision, where the order from the first judgment had been entered, a matter of practice and procedure? (British Columbia, Canada)
