Is there a fiduciary relationship created by statute rather than on dependence?
British Columbia, Canada
The following excerpt is from Welsh Enterprises Ltd. v. M. Milligan & Assoc Ltd., 2005 BCSC 1095 (CanLII):
While a fiduciary relationship may be created by statute rather than on dependence, such statutory fiduciary relationship will only be created where the statute invests one party with power and influence over the other with the consequent opportunity to appropriate or misuse the property of the other party (see Terra Energy v. Kilborn Engineering, supra, at para. 40).
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