Can a fiduciary relationship arise as a matter of fact out of the specific circumstances of a particular relationship?
Alberta, Canada
The following excerpt is from Canadian Imperial Bank of Commerce v. 3L Trucking Ltd., 1995 CanLII 9226 (AB QB):
A fiduciary relationship can arise as a matter of fact out of the specific circumstances of a particular relationship. One must then ask whether, given all of the surrounding circumstances, one party could reasonably have expected that the other party would act in the former's best interest with respect to the subject matter at issue. What is required is evidence of a mutual understanding that one party has relinquished its own self-interest and agreed to act solely on behalf of the other party: Hodgkinson v. Simms, supra, at pp. 409-10.
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