What facts support a fiduciary relationship?
Ontario, Canada
The following excerpt is from William E. Robb Enterprises Inc. v. ATI Technologies Inc., 2006 CanLII 39466 (ON SC):
I agree with the applicant that the respondents have failed to plead any facts that would support a fiduciary relationship on the basis of the principles articulated in Hodgkinson v. Simms. THRG made a business decision to concentrate on servicing ATI as its main client. That left it vulnerable to ATI’s decision to terminate its business relationship. However, vulnerability based on dependence on a principal client is not, by itself, sufficient to establish a fiduciary relationship in commercial relationships. Nor is the right of ATI to unilaterally terminate its contractual relationship sufficient to establish a fiduciary relationship.
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