What is the test for a claim for breach of trust and fiduciary duty?
British Columbia, Canada
The following excerpt is from Miller v. Lizotte, 2003 BCSC 155 (CanLII):
With respect to the plaintiff's claim based on the law of breach of trust and fiduciary duty, her counsel relied on the decision in Hodgkinson v. Simms (1994), 1994 CanLII 70 (SCC), 117 D.L.R. (4th) 161 (S.C.C.) at pp. 176 and 215, for the common features of determining whether or not a person is in the position of a fiduciary, especially the feature of where the beneficiary is particularly vulnerable, or at the mercy of the fiduciary holding the discretion of power.
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