Is there a fiduciary relationship?
Ontario, Canada
The following excerpt is from Merrifield v The Attorney General, 2017 ONSC 1333 (CanLII):
In para. 37, the court referred to Guerin v. R. [19034] 2 S.C.R. 335, at p. 385 in which the court stated: It should be noted that fiduciary duties generally arise only with regard to obligations originating in a private law context. Public law duties, the performance of which requires the exercise of discretion, do not typically give rise to a fiduciary relationship. [Emphasis added by SCC.]
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