Can knowing assistance result in a stranger being found liable for knowingly participating in a fraudulent breach of trust?

British Columbia, Canada


The following excerpt is from Peters v. Samji, 2013 BCSC 2290 (CanLII):

Knowing assistance is a cause of action that can result in a stranger to a trust being found liable for knowingly participating in a fraudulent breach of trust. In order to succeed, a plaintiff must plead and prove that: i. there was a trust; ii. the trustee perpetrated a dishonest and fraudulent breach of trust; and iii. a third party participated in and had actual knowledge of the dishonest and fraudulent breach of trust. Gold v. Rosenberg, 1997 CanLII 333 (SCC), [1997] 3 S.C.R. 767 at para. 34.

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