What is the test for determining whether a fiduciary relationship exists?
British Columbia, Canada
The following excerpt is from Padmawar v. Altig and Altig International, 2011 BCSC 682 (CanLII):
In St. Pierre, the plaintiff claimed that the defendant breached a fiduciary duty. Levine J.A. found that the source of the relationship was the contract and therefore only through an interpretation of the contract could it be determined whether a fiduciary relationship existed (at para. 28). Similar circumstances existed in James v. Thow, 2005 BCSC 809. In both cases, the court found that the parties agreed to submit their disputes to binding arbitration and a stay of proceedings was granted.
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