What are the factors used to determine whether a fiduciary relationship exists?
Ontario, Canada
The following excerpt is from Professional Institute of the Public Service of Canada v. Canada (Attorney General), 2010 ONCA 657 (CanLII):
The common law factors set out above are not determinative of whether a fiduciary relationship exists. They provide assistance in deciding that question. At its core, a fiduciary relationship arises where, given all the surrounding circumstances, one party could reasonably have expected that another would act in the former's best interests: see Hodgkinson v. Simms, at pp. 409-10 S.C.R.
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