Simon's Legal Resources

Fiduciary - Ad Hoc (2)

. Clark v. Walker

In Clark v. Walker (Ont CA, 2026) the Ontario Court of Appeal considered ad hoc fiduciary relationships:

[41] An ad hoc fiduciary relationship requires proof of three elements: i) an undertaking by the alleged fiduciary to act in the beneficiary’s best interests; ii) a defined person or class of persons vulnerable to the fiduciary’s control (the beneficiary or beneficiaries); and iii) a legal or substantial practical interest of the beneficiary that may be adversely affected by the fiduciary’s exercise of discretion or control: Elder Advocates of Alberta Society, at para. 36.

. Stingelin Estate v. Woods

In Stingelin Estate v. Woods (Ont CA, 2026) the Ontario Court of Appeal dismissed an appeal, here brought against "an order granting summary judgment dismissing [SS: the appellant's] negligence and breach of fiduciary duty claims against the respondent, a lawyer retained to prepare the will of his aunt".

Here the court considered the basics of an ad hoc fiduciary relationship:

3. Fiduciary duty

[28] The appellant also alleges an ad hoc fiduciary relationship.

[29] Such a relationship requires an undertaking to act in the claimant’s best interests and defined beneficiaries vulnerable to the fiduciary’s discretionary power affecting their legal or substantial practical interests: Alberta v. Elder Advocates of Alberta Society, 2011 SCC 24, [2011] 2 S.C.R. 261, at paras. 30-36.