What is the legal test for knowledge?

Ontario, Canada


The following excerpt is from Law Society of Upper Canada v. Renata Snidr, 2013 ONLSHP 108 (CanLII):

Knowledge may be characterized as actual knowledge, willful blindness or recklessness. A lawyer may be able to say that she did not actually know what was happening, but if she suspected the dishonest activity and refrained from making further inquiries for fear of confirming those suspicions, this is willful blindness and equivalent to having knowledge: Law Society of Upper Canada v. Purewal, supra.

Recklessness is the form of knowledge that flows when a lawyer is aware of the risk that her conduct will be part of a dishonest transaction, but continues with the conduct in spite of the conscious awareness of risk: Law Society of Upper Canada v. Purewal, supra.

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