What are the elements of knowing assistance in a breach of fiduciary duty?
Ontario, Canada
The following excerpt is from DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 (CanLII):
The elements of knowing assistance in a breach of fiduciary duty were described by this court in Harris v. Leikin, at para. 8, as: (1) a fiduciary duty; (2) a fraudulent and dishonest breach of the duty by the fiduciary; (3) actual knowledge by the stranger to the fiduciary relationship of both the fiduciary relationship and the fiduciary's fraudulent and dishonest conduct; and (4) participation by or assistance of the stranger in the fiduciary's fraudulent and dishonest conduct.
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