Barrister and Solicitor
Legal Writing and Research
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):
 The test for establishing an ad hoc fiduciary duty has been modified since Frame v. Smith, 1987 CanLII 74 (SCC),  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),  3 S.C.R. 247, at para. 66; Alberta v. Elder Advocates of Alberta Society, 2011 SCC 24 (CanLII),  2 S.C.R. 261, at para. 30.