What is the legal test for vulnerability in a fiduciary relationship?
British Columbia, Canada
The following excerpt is from Hughes v. Hudson's Bay Co., 2000 BCSC 378 (CanLII):
With respect to the requirement of “vulnerability”, the law appears to be that “. . . the concept of vulnerability is not the hallmark of fiduciary relationship though it is an important indicia of its existence”: Hodgkinson v. Simms (1994) 1994 CanLII 70 (SCC), 97 B.C.L.R. (2d) 1 (S.C.C.) at p. 19.
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