What are the fiduciary duties of an individual in a personal injury case?
Ontario, Canada
The following excerpt is from Simkeslak Investments Limited v. Kolter Yonge LP Limited, 2011 ONSC 7134 (CanLII):
Fiduciary duties have their roots in equity. At their core, fiduciary duties seek to ensure that the law protects vulnerable individuals in their transactions with others. That said, courts have been clear that “. . . the concept of vulnerability is not the hallmark of a fiduciary relationship though it is an important indicium of its existence.” (Hodgkinson v. Simms, at p.405)
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