What is the test for vulnerability in a fiduciary relationship?
Ontario, Canada
The following excerpt is from Guzzo v Randazzo et al., 2015 ONSC 6936 (CanLII):
Justice LaForet in Hodginson v. Simms, supra, at para. 130 states: Vulnerability does not mean merely “weak” or “weaker”. It connotates a relationship of dependency, an “implicit dependency” by the beneficiary on the fiduciary.
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