How have the fiduciary principles been interpreted in the context of sexual assault cases?
Manitoba, Canada
The following excerpt is from T.L.B. et al. v. R.E.C., 2000 MBCA 83 (CanLII):
30 Fiduciary principles have been extended in Canada far beyond their economic origins (relief against gifts, secret profits, and the like in situations where influence is acquired and abused or confidence is reposed and betrayed). In Norberg v. Wynrib, 1992 CanLII 65 (SCC), [1992] 2 S.C.R. 226, McLachlin J. (as she then was) asserted that they “are capable of protecting not only narrow legal and economic interests, but can also serve to defend fundamental human and personal interests” (at p. 289). That is what has been happening, as we have observed above in relation to sexual assault cases.
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