What is the test for establishing a fiduciary obligation on a new relationship?

In the Lac Minerals case Sopinka J., who wrote for the majority on this point, adopted the words of Wilson J. in dissent in Frame v. Smith, at p. 136 of the report: … there are common features discernible in the contexts in which fiduciary duties have been found to exist and these common features do provide a rough and ready guide to whether or not the imposition of a fiduciary obligation on a new relationship would be appropriate and consistent. Relationships in which a fiduciary obligation have been imposed seem to possess three general characteristics: (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. [emphasis added]