What are the obligations of a fiduciary relationship?

British Columbia, Canada


The following excerpt is from Roussy v Savage, 2019 BCSC 1669 (CanLII):

Whereas contractual obligations emerge, at least in theory, in relationships characterized by mutual autonomy, fiduciary obligations emerge in relationships of trust and reliance between parties. In Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 at p. 136, Wilson J. identified the following hallmarks of a fiduciary relationship: (a) the fiduciary has scope for the exercise of some discretion or power; (b) the fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests; and (c) the beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.

Other Questions


Is a fiduciary relationship between parties determined by relationship rather than status or occupation? (British Columbia, Canada)
Can a fiduciary relationship be created by contract? (British Columbia, Canada)
What is the legal test for vulnerability in a fiduciary relationship? (British Columbia, Canada)
What is the fiduciary relationship between a director and a shareholder? (British Columbia, Canada)
What facts establish any fiduciary relationship? (British Columbia, Canada)
What are the fiduciary duties of an individual in a personal injury relationship? (British Columbia, Canada)
Is there a duty of disclosure based upon the existence of a fiduciary relationship? (British Columbia, Canada)
Is there a fiduciary relationship present in any given case? (British Columbia, Canada)
In what circumstances will a fiduciary relationship become vulnerable? (British Columbia, Canada)
Is there a fiduciary relationship between a plaintiff and the Crown? (British Columbia, Canada)

There are no other similar questions at this time.