What is the fiduciary duty of a trustee in a personal injury case?
Ontario, Canada
The following excerpt is from Schembri et al. v. Way et al, 2011 ONSC 8021 (CanLII):
The existence of a fiduciary duty in a given case depends on the reasonable expectation of the parties, and these in turn depend on factors such as trust, confidence, complexity of subject matter and standards in the community, profession, business or other field in which the issue arises. Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377.
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