Not all actions taken by a person in a per se fiduciary relationship – that is, in a category of relationship in which a fiduciary relationship has been traditionally recognized – attract a fiduciary obligation. The presumption that in aper se fiduciary relationship one party has a duty to act in the best interests of the other is rebuttable: Hodgkinson v. Simms,  3 S.C.R. 377, paras. 31 and 124. That presumption was rebutted in this case. We do not give effect to the appellants' first ground of appeal.