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8 The Flight to the Fiduciary Haven
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Published:September 1997
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Abstract
A lawyer strolling along the boundaries of tort and contract may be startled to discover that the walls have been breached in many places by an intruder: the fiduciary phenomenon.This essay will explore part of the territory the fiduciary concept recently has invaded, considering its impact on the common law of obligations. As a starting point, I will examine recent initiatives by several Justices of the Supreme Court of Canada to colonies territory previously unclaimed for the fiduciary realm. Some of this terrain had already been staked out by tort and contract, whilst other areas had not previously been occupied by non-statutory sources of law at all.1The fervor with which some Canadian jurists have embraced the fiduciary principle has bemused their Commonwealth colleagues.
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