What is the test for an actionable conspiracy?

Ontario, Canada


The following excerpt is from 1589680 Ontario Inc. and Toronto Standard Condominium Corporation No. 1441, 2016 ONSC 4765 (CanLII):

Powell v. Shirley [2016] O.J. No. 2964 is relied on by counsel for the moving parties. At paragraph 67 Leach J. states, “A cause of action for conspiracy arises where there has been an agreement to commit an unlawful act or to do an otherwise lawful act in an unlawful manner, resulting in damage to the person against whom the conspiracy was formed. There are two types of actionable conspiracy. The first is where the predominant purpose of the defendant’s conduct is to injure the plaintiff, whether the means used by the defendants are lawful or unlawful. The second is where the defendant’s conduct is unlawful, is directed towards the plaintiff (alone or together with others) and the defendants should have known that injury to the plaintiff would result.”

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