What are the fiduciary duties of an individual in a personal injury relationship?

British Columbia, Canada


The following excerpt is from Grewal v. Grewal, 2013 BCSC 2146 (CanLII):

And her Ladyship commented on fiduciary duties at para. 72: 72 It is the nature of the relationship, not the specific category of actor involved, which gives rise to fiduciary duties. Sopinka J. adopted at p. 599 the characteristics of a fiduciary relationship described by Wilson J. in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 at para. 40, 42 D.L.R. (4th) 81 [Frame]: 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 interests. 3) The beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.

Other Questions


Is there any breach of fiduciary duty in the context of a personal injury relationship? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
What is the fiduciary duty of an individual who has a relationship with the other party? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What are the fiduciary duties of a trustee in a personal injury case? (British Columbia, Canada)
What are the principles of fiduciary duties in the context of a personal injury case? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.