The appellant appealed a trial judgment dismissing its claim for breach of fiduciary duty arising from commercial negotiations.
The appellant argued the trial judge erred in applying the law of fiduciary obligations to parties negotiating towards an agreement.
The Court of Appeal dismissed the appeal, finding no palpable or overriding error in the trial judge's conclusion that none of the indicia of a fiduciary duty were present, as the appellant did not repose trust of a confidential nature and was not vulnerable.