What is the test for determining whether a departing employee is a fiduciary?
Nova Scotia, Canada
The following excerpt is from Hill v. Bridgemohan, 2008 NSSC 219 (CanLII):
Ellis goes on to conduct an extensive review of the case law where the courts have considered the issue as to whether or not a departing employee was a fiduciary. He refers to the confusion created by various tests of fiduciary status such as “top management”, “senior manager”, “key personnel”, “vulnerability of the enterprise” and “size of the operation”. The author suggests that the reasonable expectations test related by LaForest J. in Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377 as a way of resolving the confusion.[2]
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