What is the effect of a fiduciary relationship on the vulnerability of a beneficiary?
Ontario, Canada
The following excerpt is from Hoyle (Estate) v Gibson-Heath, 2017 ONSC 4481 (CanLII):
As LaForest J. noted in Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377 at para. 36: ... the most significant characteristic of a fiduciary relationship is the vulnerability of the beneficiary arising most often out of the authority with the fiduciary actually has or acquires over the property or opportunities of the former.
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