What is the test for Merit claims for breach of fiduciary duty?
Ontario, Canada
The following excerpt is from Merit Group Insurance Brokers Inc. v. Sheppard, 2008 CanLII 46131 (ON SC):
Finally, Merit claims for breach of fiduciary duty and relies on the classic description of the indicia of a fiduciary relationship set out in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99, as follows: (a) the fiduciary has scope for the exercise of some discretion or power. (b) the fiduciary can unilaterally exercise that power or discretion so as to effect the beneficiary’s legal or practical interest; and (c) the beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts treated the tort of breach of fiduciary duty in the context of a claim in a personal injury case? (Ontario, Canada)
Is a breach of fiduciary duty claim doomed to failure? (Ontario, Canada)
Is there a claim for breach of fiduciary duty against a police officer for failing to provide a safe and well-being? (Ontario, Canada)
Can a claim for breach of fiduciary duty be heard by a jury? (Ontario, Canada)
Can a franchisee claim for breach of fiduciary duty against the franchisee? (Ontario, Canada)
Is there a breach of fiduciary duty or breach of public policy in a case brought by P? (Ontario, Canada)
Is there a defence to an inducing breach of fiduciary duty claim? (Ontario, Canada)
What is the proper remedy for a breach of fiduciary duty? (Ontario, Canada)
Does a police officer's failure to investigate and prosecute for breach of duty constitute a duty of care to a private individual? (Ontario, Canada)
Can a breach of fiduciary duty result in a compensatory award? (Ontario, Canada)
