Is there a fiduciary relationship between a client and their lawyer?

Fiduciary relationships arising in the context of contractual relationships are relatively common. Hiring lawyers or agents are well-established examples of fiduciary relationships. [Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377].

A fiduciary relationship was defined by Wilson J. in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99, at para. 61: Relationships in which a fiduciary obligation have been imposed seem to possess three general characteristics: (1) The fiduciary has scope for the exercise of some discretion or power. (2) The fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary's legal or practical interests. (3) The beneficiary is particularly vulnerable to or at the mercy of the fiduciary holding the discretion or power.