Is there a duty of disclosure based upon the existence of a fiduciary relationship?
British Columbia, Canada
The following excerpt is from DeJesus v. Sharif, 2008 BCSC 1100 (CanLII):
The defendant’s position is that the duty of disclosure by an agent is based upon the existence of a fiduciary relationship, and there is none here. A fiduciary relationship is not to be presumed, and is a question of fact in each case: Baillie v. Charman, supra.
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