Is there a fiduciary relationship between a plaintiff and the Crown?

The categories of fiduciary relationships are not closed. The foregoing statement from Hodgkinson v. Simms, albeit not in the context of the liability of the Crown, recognizes that a fiduciary relationship may arise “as a matter of fact out of specific circumstances of the particular relationship”. I conclude that the issue of whether the Province owed a fiduciary duty to the plaintiff is a real one in the sense that it is not entirely frivolous and would not result in courts wasting judicial time.