What is the test for an action in conspiracy?
Ontario, Canada
The following excerpt is from The Dominion of Canada General Insurance Company v. MD Consult Inc. (Toronto Regional Medical Assessment Centre), 2013 ONSC 1347 (CanLII):
The Moving Defendants rely on Hunt v. Carey for its observation that it is arguable that if one succeeds under a distinct nominate tort against an individual defendant, then an action in conspiracy should not be available against that defendant [Hunt v. Carey, supra, at para. 57].
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