In what circumstances will a fiduciary relationship become vulnerable?
British Columbia, Canada
The following excerpt is from Ogden v. Gulf Log Salvage Co-Operative Association, 2004 BCSC 53 (CanLII):
In Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377, La Forest J. stated at ¶ 25: From a conceptual standpoint, the fiduciary duty may properly be understood as but one of a species of a more generalized duty by which the law seeks to protect vulnerable people in transactions with others. I wish to emphasize from the outset, then, that the concept of vulnerability is not the hallmark of fiduciary relationship though it is an important indicium of its existence. Vulnerability is common to many relationships in which the law will intervene to protect one of the parties.
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