Galligan J. in D'Atri v. Chilcott (1975), 1975 CanLII 596 (ON SC), 7 O.R. (2d) 249, 55 D.L.R. (3d) 30, set out at p. 258 as a real estate agent's obligations and duties: 1 That the relationship between a real estate agent and the person who has retained him to sell his property is a fiduciary and confidential one; 2. that there is a duty upon such an agent to make full disclosure of all facts within the knowledge of the agent which might affect the value of the property; 3. that not only must the price paid be adequate but the transaction must be a righteous one and the price obtained must be as advantageous to the principal as any other price that the agent could, by the exercise of diligence on his principal's behalf, have obtained from a third person, and 4. that the onus is upon the agent to prove that those duties have been fully complied with. And further, at p. 260: It is in the interest of equity that persons upon whom members of the public rely for advice, knowledge and trust must act with the best good faith and if any dispute arises must be able to demonstrate unequivocally that they did so act. Any doubt must be resolved in favour of the person who relied upon them.
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