What is the test for establishing a fiduciary duty outside the established categories?

Ontario, Canada


The following excerpt is from Density Group Limited v. HK Hotels LLC, 2014 ONCA 605 (CanLII):

In particular, she highlighted the principle from Hodgkinson v. Simms that to establish a fiduciary duty outside the established fiduciary categories “what is required is evidence of a mutual understanding that one party has relinquished its own self-interest and agreed to act solely on behalf of the other party”: pp. 409-10.

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