What are the fiduciary duties owed to a person in a personal injury case?

Ontario, Canada


The following excerpt is from Sagharian v. Ontario (Education), 2007 CanLII 6933 (ON SC):

The question whether particular fiduciary duties are owed is not, of course, decided simply by asking whether a fiduciary relationship exists between the parties. A person may be a fiduciary for some purposes and not for others, and not all duties of a fiduciary are fiduciary duties. If one starts with the "rough and ready guide" to the existence of a fiduciary relationship that was provided by Wilson J. In Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99, at para 60, it is necessary to examine the particular discretion or power which the supposed fiduciary possesses and could unilaterally exercise to affect the interests of persons who are peculiarly vulnerable to such exercise.

Other Questions


What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
What is the legal test for disbursements of personal injury compensation in personal injury cases? (Ontario, Canada)
What are the fiduciary duties of an individual in a personal injury case? (Ontario, Canada)
How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
How have the courts treated the tort of breach of fiduciary duty in the context of a claim in a personal injury case? (Ontario, Canada)
What is the fiduciary duty of a trustee in a personal injury case? (Ontario, Canada)
What is the case law in the context of personal injury cases? (Ontario, Canada)
What is the scope of the duty of a public accountant to determine the amount that a successful litigant has to pay in a personal injury case? (Ontario, Canada)
What is the current state of the law on a duty of care of care for a plaintiff in a personal injury case? (Ontario, Canada)
What personal details have been disclosed in a personal injury case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.