What is the test for proving a fiduciary relationship between a defendant and a plaintiff?

The defendants note that, even if such a duty can be shown, a trial judge would then be required to assess the nature of the fiduciary relationship, the nature of the duty owed, how the duty was breached, how the defendant put its own interests ahead of the plaintiffs interests, and the appropriate remedy (Cooper v. Atlantic Provinces Special Education Authority 2008 NSCA 94).