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:

Mental

Pertaining to the mind, psychological processes, or mental health.

Emotional Disorder

A psychological condition characterized by extreme fluctuations in mood or behavior, impacting daily functioning.

Tabletop Exercise

A discussion-based training method where participants go through a simulated scenario to test plans and procedures.

Hypothetical Scenario

An imagined or theoretical situation used for the purpose of analysis or discussion.