ABSTRACT
This chapter discusses the numerous cases that have arisen that centre on a claim of redress for breach of fiduciary duty in the municipal context, as the volume of case law is considerable. It begins by reviewing the relationship between municipal authorities and the inhabitants of the City of Toronto to illustrate that even where citizens are concerned the doctrine of fiduciary duty is contested. The ongoing juridical debate notwithstanding, the section proceeds to demonstrate that as a concept, the fiduciary doctrine has normative and explanatory potential when considering the rights of stateless persons, and that stateless persons should be considered beneficiaries of fiduciary relationship with municipal authorities. The chapter demonstrates that stateless persons not only qualify as beneficiaries of the narrow fiduciary duty of loyalty owed by local authorities, but that they are in fact paradigmatic case of a beneficiary. It addresses the unjustifiable exclusion of vulnerable persons from care and services of public authorities at the municipal level.
