Is a fiduciary obligation under a contract enforceable?
British Columbia, Canada
The following excerpt is from Manfred Purtzki & Associates Ltd. v. Mackenzie (District), 2014 BCSC 1974 (CanLII):
This was confirmed by the majority in Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377, where La Forest J. said at 407: Finally, I note that the existence of a contract does not necessarily preclude the existence of fiduciary obligations between the parties. On the contrary, the legal incidents of many contractual agreements are such as to give rise to a fiduciary duty.
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