What are the fiduciary duties of a trustee in a personal injury case?

In circumstances such as are present here, where the alleged fiduciary duties do not spring from a relationship of the kind normally giving rise to such obligations, the nature of the relationship is often evaluated against these three general characteristics set out by Wilson J. in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99, at 136: (1) The fiduciary has scope for the exercise of some discretion or power. (2) The fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary's legal or practical interests. (3) The beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.