Is a relationship between two parties characterized as fiduciary in nature?

A relationship between two parties may be characterized as fiduciary in nature in one of two ways. Firstly, the relationship may fall into traditional categories recognized by the courts. Secondly, the relationship may not fall within the traditional categories, but may nonetheless be characterized as fiduciary in nature given the particular circumstances of the relationship between the parties. In these cases, the courts must determine whether the relationship involves a degree of trust or confidence sufficient to warrant intervention. See Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377 at 409.