What is the test for determining whether a party is subject to fiduciary obligations in the context of a relationship?
Ontario, Canada
The following excerpt is from National Money Mart Company v. Baptiste, 2006 CanLII 21593 (ON SC):
The test for determining whether a party is subject to fiduciary obligations in the specific circumstances of a relationship is set out by La Forest J. in Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377 at para. 52 as follows: … the question to ask is whether, given all the surrounding circumstances, one party could reasonably have expected that the other party would act in the former's best interests with respect to the subject matter at issue. Discretion, influence, vulnerability and trust were mentioned as non-exhaustive examples of evidential factors to be considered in making this determination.
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