What is the difference between a contract and a trust in an agency relationship?
Ontario, Canada
The following excerpt is from Granite Insurance Company v. Toronto-Dominion Bank, 2006 CanLII 42785 (ON SC):
The Arbitrator clearly recognized the distinction between contract and trust in an agency relationship in the analysis at pages 7 to 10 of his Award. In summary, the authorities the Arbitrator cites focus on whether the agent is entitled to "an interest in the subject matter beyond his remunerations." Foley v. Hill (1848), 11 H.L.C. 27.
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