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Rougemount Capital Inc. v. Computer Associates International Inc. (Ont CA, 2016)

In this case the Court of Appeal comments about what factors apply to a fact-finding of agency:
[35] As recently noted by Weiler J.A. in 1196303 Inc. v. Glen Grove Suites Inc., 2015 ONCA 580 (CanLII), 337 O.A.C. 85, at para. 71:
While agency is often created by an express contract, setting out the scope of the agent’s authority, the creation of an agency relationship may be implied from the conduct or situation of the parties. Whether an agency relationship exists is ultimately a question of fact, to be determined in the light of the surrounding circumstances. [Citations omitted.]
[36] In our opinion, there is no reason for taking a different approach to determining the scope of an agent’s authority. It is a question of fact to be determined in light of the circumstances, including the conduct or situation of the parties.
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