Is an employee a fiduciary?
British Columbia, Canada
The following excerpt is from C.B. Constantini Ltd. v. Slozka et al, 2006 BCSC 1210 (CanLII):
The question of whether an employee is a fiduciary is to be determined through an examination of all of the circumstances of the relationship having regard to the key features set out by Madam Justice Wilson in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 at 136: (1) The fiduciary has scope for the exercise of some discretion or power. (2) The fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests. (3) The beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.
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