Is there a good faith duty or fiduciary relationship between the individual defendants?

Nova Scotia, Canada


The following excerpt is from MEDIchair v. I.M.P., 2005 NSSC 72 (CanLII):

Also, there is insufficient material placed before the court at this time that would reasonably support the assertion that the individual defendants have some form of fiduciary relationship or good faith duty in the circumstances. In Scott v. Trophy Foods Inc., [1995] N.S.J. No. 145 (N.S.C.A.) Hallett J.A. stated at para 63: The LAC Mineral judgment sends a signal to the Courts that they should be slow to impose fiduciary duties on a party every time the court perceives a breach of trust or confidence, particularly where the relationship between the parties is not one of the traditional relationships giving rise of fiduciary duties (i.e. trustees and beneficiaries, etc.) and the relationship is between commercial entities governed by the terms of a contract.

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