Is there any error of law in determining that a fiduciary duty cannot exist if the parties have entered into a contract?
British Columbia, Canada
The following excerpt is from St. Pierre v. Chriscan Enterprises Ltd., 2013 BCSC 2251 (CanLII):
The next alleged error of law in this category is said to be that the arbitrator erred in determining that a fiduciary duty could not exist if the parties have entered into a contract. The petitioners point out that the existence of a contract does not preclude a finding of fiduciary obligations on the part of the parties to it. That point was made by La Forest J. in Hodgkinson v. Simms at p. 174, where he wrote:
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