What are the indicia of a fiduciary relationship?

The indicia of a fiduciary relationship are vulnerability arising from the relationship between the parties and: (1) an undertaking by the alleged fiduciary to act in the best interests of the alleged beneficiary or beneficiaries; (2) a defined person or class of persons vulnerable to a fiduciary's control (the beneficiary or beneficiaries); and (3) a legal or substantial practical interest of the beneficiary or beneficiaries that stands to be adversely affected by the alleged fiduciary's exercise of discretion or control: Elder Advocates of Alberta Society v. Alberta, supra at para. 36.