What is the test for a conspiracy to injure?
Ontario, Canada
The following excerpt is from Catalyst Capital Group Inc. v. West Face Capital Inc., 2021 ONSC 7957 (CanLII):
Predominant purpose conspiracy requires an actual intent to injure the plaintiff. In Harris v. GlaxoSmithKline Inc., 2010 ONCA 872, 106 O.R. (3d) 661, at para. 39, Moldaver J.A. (as he was then) explained things this way: To make out a conspiracy to injure, the defendant’s predominant purpose must be to inflict harm on the plaintiff. It is not enough if the harm is the collateral result of acts pursued predominantly out of self-interest. The focus is on the actual intent of the defendants and not on the consequences that the defendants realized or should have realized would follow.
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