Is there a fiduciary obligation on a relationship?

Alberta, Canada


The following excerpt is from Real Life Homes & Investments Ltd. v. Wert, 2011 ABQB 447 (CanLII):

The question whether a particular relationship is subject to a fiduciary obligation has been approached by referring to categories of relationships in which a fiduciary obligation has already been held to be present. Some recognized examples of these categories are relationships between directors and corporations, solicitors and clients, trustees and beneficiaries, agents and principals, life tenants and remaindermen, and partners: Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 SCR 99 at para 57, 42 DLR. (4th) 81. Clearly fiduciary duties applied to both parties in this venture.

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