What are the fiduciary obligations of the AMS towards its members?

With respect to counsel’s argument regarding the fiduciary obligations of the AMS towards its members, counsel submits that a fiduciary duty is a duty of the utmost good faith, requiring the party with the fiduciary duty to place the interests of the fiduciary above its own: see Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99. In that decision, at para. 60, Wilson J. summarized the jurisprudence in principle with respect to fiduciary relationships, and she described three general characteristics of relationships in which a fiduciary obligation had been imposed: (1) the fiduciary has scope for the exercise of some discretion or power; (2) the fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interest; and (3) the beneficiary is particularly vulnerable to or at the mercy of the fiduciary holding the discretion or power.