Is an allegation of the existence of a mandate sufficient to plead a fiduciary relationship?
Ontario, Canada
The following excerpt is from Laroza v. Ontario, 2005 CanLII 29501 (ON SC):
Nor do I believe that an allegation of the existence of the mandate referred to is sufficient to plead the existence of a fiduciary relationship. As Dickson J. stated in Guerin v. R., 1984 CanLII 25 (SCC), [1984] 2 S.C.R. 335: 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." (at page 385)
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