What is the test for self-interest in a commercial transaction?
Alberta, Canada
The following excerpt is from Canadian Imperial Bank of Commerce v. 3L Trucking Ltd., 1995 CanLII 9226 (AB QB):
Commercial interactions between parties at arm's length derive their social utility from the pursuit of self-interest, and the courts are rightly circumspect when asked to enforce a duty (i.e. the fiduciary duty) that vindicates the very antithesis of self-interest: Hodgkinson v. Simms, supra, at p. 414.
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