What is the legal test for recklessness and wilful blindness?

Ontario, Canada


The following excerpt is from McDonald and Dickson v. TD Bank, 2021 ONSC 3872 (CanLII):

The plaintiffs submit that while both recklessness and wilful blindness require subjective knowledge of relevant facts, they can be inferred from a wide range of factors, including what the defendant ought to have known. They rely on the words of Pepall J.A. in dissent in Caja, at para. 101. See also Sorrel 1985 Ltd. Partnership v. Sorrel Resources Ltd, 2000 ABCA 256, at para. 72. While those cases suggest that other factors may also be taken into account, they do not displace the requirement of subjective knowledge of facts that put the defendant on notice of the particular risk in question.

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