What is the case law on fiduciary obligations of an individual in a personal injury case?
Alberta, Canada
The following excerpt is from Royal Terrace Estates Ltd. v. Site-Span Services Ltd., 2008 ABQB 475 (CanLII):
He starts with the general proposition that such obligations would arise only in rare cases. He cited the following comments made by Wilson J. in Frame v. Smith[4], (at pp. 137-38) in this regard: “Because of the requirement of vulnerability of the beneficiary at the hands of the fiduciary, fiduciary obligations are seldom present in the dealings of experienced businessmen of similar bargaining strength acting at arm’s length”.
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