What is the current state of the law on fiduciary obligation?

38 For the same reasons, I would reject the alternative approach of fiduciary obligation proposed by the respondent. As with battery, the effect would be to replace the factual analysis of standard of care and causation appropriate to negligence actions with a choice-based analysis that makes recovery virtually automatic upon proof of failure to provide relevant information. I see no reason to depart from the approach which considers the failure of a physician to advise of medical risks under the law of negligence relating to duty of care, absent special circumstances like fraudulent misrepresentation or abuse of power for an unprofessional end: see Reibl and Norberg v. Wynrib, 1992 CanLII 65 (SCC), [1992] 2 S.C.R. 226. Such conduct is neither alleged nor proven in the case at bar. IV.