In Hodgkinson V

question 24

Multiple Choice

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) The presence of a financial risk was the identifying feature of a fiduciary relationship but, in this case, did not impose a fiduciary duty.
• C) The presence of loyalty, trust, and confidence were identifying features of a fiduciary relationship and, in this case, imposed the fiduciary duty.
• D) A fiduciary relationship could not arise in circumstances where an investor acted of his own accord.
• E) A fiduciary relationship could not arise in commercial circumstances, such as those found in this case.

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Definitions:

Marginal Social Cost

The total cost to society of producing an additional unit of a good, including both private costs and any externalities.

External Cost

Costs of a transaction that affect people other than the buyer or seller, often not included in the price of goods or services.

Efficient Amount

The level of production or quantity of a good that optimizes the use of resources to achieve the highest possible satisfaction or benefits.

Unregulated Amount

A quantity or volume not controlled or limited by laws or administrative rules, often relating to production or trade.