Simon looking earnest in Preveza, Greece
Simon Shields, LLB

Advising Self-Representing
Ontario Litigants
Since 2005

tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war / conditions of guide use

home / about / client testimonials / areas of practice / about self-representation

Your
Self-Representation
Service Options

Simon Shields, LLB




























Fiduciary Duty - Ad Hoc

Garneau v Industrial Alliance Insurance and Financial Services Inc. (Ont CA, 2015)

In this case the Court of Appeal commented briefly as follows on when the law establishes an 'ad hoc' fiduciary duty in relationships (ie. one outside of the recognized fixed categories such as solicitor-client):
[16] The test for establishing an ad hoc fiduciary duty has been modified since Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99. This duty will only be found where the alleged fiduciary has provided an express or implied undertaking to act in the best interests of the other party: Galambos v. Perez, 2009 SCC 48 (CanLII), [2009] 3 S.C.R. 247, at para. 66; Alberta v. Elder Advocates of Alberta Society, 2011 SCC 24 (CanLII), [2011] 2 S.C.R. 261, at para. 30.

Lawyer License #37308N / Website © Simon Shields 2005-2017