Can a selling agent establish a fiduciary relationship with a vendor?

Griffiths J.A., in his reasons for judgment in Knoch Estate v. Jon Picken Ltd., did not purport to say that a selling agent is not in and cannot establish a fiduciary relationship with a vendor. At p. 401 of the report [O.R.], he said in part: In examining the relationship of the various parties to a multiple listing sales agreement, it becomes apparent that the selling agent is in a difficult position in that by submitting offers on behalf of a purchaser, while at the same time accepting his or her commission from the vendor, the agent is really "serving two masters" at the same time. In some circumstances, the potential of a conflict of interest is a very real one and the point where a selling agent enters the realm of a fiduciary with respect to the vendor, a fine one. The facts of each case must be examined carefully for such a determination to be made. [emphasis added]