Is a contract enforceable as a fiduciary obligation?

In an agency agreement, the allocation of rights and responsibilities in the contract itself can give rise to fiduciary obligations. As LaForest J. stated in Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377, at para. 28: Finally, I note that the existence of a contract does not necessarily preclude the existence of fiduciary obligations between the parties. On the contrary, the legal incidents of many contractual agreements are such as to give rise to a fiduciary duty. The paradigm example of this class of contract is the agency agreement, in which the allocation of rights and responsibilities in the contract itself gives rise to fiduciary expectations.