Is there a fiduciary relationship present in any given case?

British Columbia, Canada


The following excerpt is from Virk v. Brar, 2012 BCSC 1004 (CanLII):

Whether the facts that support the existence of a fiduciary relationship are present in any given case are to be determined when all of the evidence has been heard, at the end of a trial. All the evidence is not analyzed on a pleadings motion. In Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377, LaForest J. stated, at p. 420: ... where a fiduciary duty is claimed in the context of a financial advisory relationship, it is at all events a question of fact as to whether the parties’ relationship was such as to give rise to a fiduciary duty on the part of the advisor.

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