Is there a breach of contract between a plaintiff and her trustee?
Manitoba, Canada
The following excerpt is from Bibeau et al. v. Chartier et al., 2019 MBQB 189 (CanLII):
Serge/545 submit that its claim is not only in contract. Their claim is also for breach of fiduciary duty and breach of trust. A fiduciary relationship exists where one party agrees to act on behalf of, or, in the interest of the other party. As such, the fiduciary is in the position to affect the interests of that party in a legal and practical sense (Blanco v. Canada Trust Co., 2003 MBCA 64, at para. 41).
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