In Hodgkinson v. Simms, an accountant advised a client to invest in a real estate development while also acting for the developers. What did the Supreme Court of Canada find?
A) The presence of a financial risk was the identifying feature of a fiduciary relationship and, in this case, imposed the fiduciary duty.
B) A fiduciary relationship could not arise in circumstances where an investor acted of his own accord.
C) The presence of a financial risk was the identifying feature of a fiduciary relationship but, in this case, did not impose a fiduciary duty.
D) A fiduciary relationship could not arise in commercial circumstances, such as those found in this case.
E) The presence of loyalty, trust and confidence were identifying features of a fiduciary relationship and, in this case, imposed the fiduciary duty.
Correct Answer:
Verified
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