The “undertaking” component to the first element was identified by Cromwell J. in Galambos v. Perez, 2009 SCC 48,  3 S.C.R. 247, at paras. 67, 77. That undertaking “… may be found in the relationship between the parties, in an imposition of responsibility by statute, or under an express agreement to act as trustee of the beneficiary’s interests.”: Elder Advocates, at para. 32.
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