Can a fiduciary relationship be created by contract?

British Columbia, Canada


The following excerpt is from Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., 2007 BCSC 1262 (CanLII):

In Guerin v. The Queen, 1984 CanLII 25 (SCC), [1984] 2 S.C.R. 335 at 384, Dickson J. (as he then was) confirmed that fiduciary relationships may be created by contract: [W]here by statute, agreement, or perhaps by unilateral undertaking, one party has an obligation to act for the benefit of another, and that obligation carries with it a discretionary power, the party thus empowered becomes a fiduciary. Equity will then supervise the relationship by holding him to the fiduciary's strict standard of conduct.

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