What are the indicia for a fiduciary relationship?
Ontario, Canada
The following excerpt is from Standard Trust Company v. Metropolitan Trust Company of Canada, 2006 CanLII 589 (ON SC):
In Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377 at 405 to 410 La Forest J. described the indicia as: 1) A discretionary power to act for another party, 2) A mutual expectation that the fiduciary will act solely in the best interests of the other, rather than its own best interest; and 3) The vulnerability of the party alleging that another owes it a fiduciary duty.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a physician’s relationship with a patient in exchange for sexual contact a fiduciary relationship? (Ontario, Canada)
What are the characteristics of a fiduciary relationship and how have the fiduciaries of a beneficiary ever acted on their behalf? (Ontario, Canada)
What are the indicia of a fiduciary relationship? (Ontario, Canada)
What is the current state of the law on fiduciary discretion in a personal injury relationship? (Ontario, Canada)
If a fiduciary relationship between a financial advisor and a client has been found to be fraudulent, what are the reasons why, if any, would the courts and society support such an effort? (Ontario, Canada)
What is the test for establishing a new fiduciary relationship? (Ontario, Canada)
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
Can a fiduciary relationship between two individuals be considered ad hoc? (Ontario, Canada)
What is the test for determining whether a party is subject to fiduciary obligations in the context of a relationship? (Ontario, Canada)
What is a fiduciary relationship? (Ontario, Canada)
