What is the required undertaking of a fiduciary?

Manitoba, Canada

The following excerpt is from Roque v Peters, 2022 MBQB 34 (CanLII):

The required undertaking by the alleged fiduciary may be express or implied (see Alberta, para. 30). The fiduciary must relinquish self-interest; that is an act which the fiduciary does, not an act which is done to the fiduciary (see Galambos v. Perez 2009 SCC 48, para. 78).

Other Questions

Is there any case law where a claimant is not required to provide services to the recipient by virtue of their employment contract? (Manitoba, Canada)
What is the standard of proof required to discharge the onus of a gift? (Manitoba, Canada)
What background evidence is required in a variation proceeding? (Manitoba, Canada)
What is the standard of care required by the occupier of a parking lot to properly prepare the lot for icy winter conditions? (Manitoba, Canada)
Is there a fiduciary relationship between a parent and child? (Manitoba, Canada)
Is a plaintiff required to produce specific particulars of the allegation of fraud or fraud until after discoveries have been concluded? (Manitoba, Canada)
What is the effect of an order requiring the respondent to pay costs of an indemnification claim? (Manitoba, Canada)
What is a driver’s responsibility to observe the standards of care required by all other drivers? (Manitoba, Canada)
Is there a cause of action for inducing breach of fiduciary duty? (Manitoba, Canada)
What is the test for the proposition of working on a roof that requires the occupier to take every conceivable precaution, or run the risk of being found negligent? (Manitoba, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.