Can a fiduciary relationship between a party and the other party result in a breach of contract?
Ontario, Canada
The following excerpt is from Waxman v. Waxman, 2004 CanLII 39040 (ON CA):
There is no suggestion in the jurisprudence that this principle can apply only where the fiduciary relationship and the abuse of loyalty exist in a transaction where a contract has been concluded by parties who mutually intend to do so. Quite the opposite. In Guerin v. Canada, 1984 CanLII 25 (SCC), [1984] 2 S.C.R. 335 at 384, Dickson J. said: “It is the nature of the relationship, not the specific category of actor involved that gives rise to the fiduciary duty. The categories of fiduciary, like those of negligence, should not be considered closed.”
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