101 I understand and accept that fiduciary relations may arise under many different circumstances. There are those traditional relationships, such as trustee/beneficiary, corporate director/company, doctor/patient, and so forth. However, based upon the characteristics spelled out by Wilson J. in her dissenting judgment in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99, the fiduciary relationship arises in many other circumstances. In that case, the circumstances which existed between wife and husband were sufficient to give rise to a fiduciary relationship, where the fiduciary has scope for the exercise of some discretion or power, and where the fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests, and also where the beneficiary is particularly vulnerable to or at the mercy of the fiduciary. By the criteria set forth in the reasons for decision of Wilson J., fiduciary relationships may abound all over the place. It must be evident that almost every parent/child relationship will be fiduciary in nature, at least through the early and formative years.
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