Rotman thought that the rule in Brickenden should apply to cases where someone misuses information that they received in the context of a fiduciary relationship.
32.
In a trust account, retainage is withheld by the owner, placed in a trust account with a trustee that has a fiduciary relationship to the contractor.
33.
This does not mean that directors can never stand in a fiduciary relationship to the individual shareholders; they may well have such a duty in certain circumstances.
34.
In " Breen v Williams, " the High Court viewed the doctor's responsibilities over their patients as lacking the representative capacity of the trustee in fiduciary relationships.
35.
. . . each case must be carefully examined to see whether a fiduciary relationship exists in relation to the matter of which complaint is made .
36.
This is in part due to the presence of duty of care issues and the consequences of the counselor or therapist's services being provided in a fiduciary relationship.
37.
In Canada a fiduciary has obligations to the employer even after the employment relationship is terminated, whereas in the United States the employment and fiduciary relationships terminate together.
38.
"Derry v Peek " also outlined that no duty would be required in relationship to negligent misrepresentation, without the presence of a contract, fiduciary relationship, fraud or deceit.
39.
{{ Cquote | In the circumstances, however, the depositors retained an equitable property in the funds they parted with, and fiduciary relationships arose between them and the directors.
40.
"We have a fiduciary relationship with our fund customers that creates a higher level of duty than we have with our bank depositors, " said Fleet spokeswoman Alison Gibbs.
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