What is the test for a fiduciary duty of an agent in a real estate transaction?
Ontario, Canada
The following excerpt is from Royal Lepage Team Realty Inc. v. Temple, 2008 CanLII 2615 (ON SC):
The court referred to Stahl v. Miller (1918), 1918 CanLII 25 (SCC), 56 S.C.R. 312, wherein the court held at pp. 322-23 that where there was a breach of fiduciary duty: The fairness of the transaction is immaterial; and the agent might be acting with the best of good faith; but it does not make any difference, because an agent will never be allowed to place himself in a situation in which, under ordinary circumstances he would be tempted to do that which is not the best for his principal.
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