What is the test for a pleading of conspiracy?

Alberta, Canada


The following excerpt is from Hughes (Estate of) v. Hughes, 2006 ABQB 159 (CanLII):

On its face this pleading sets out the elements of a cause of action. While the applicants submit that a plea of conspiracy must allege that the predominant purpose of the conspiracy requires the intent to injure (and this has not been pleaded), the law in Canada is otherwise. In Hunt v. T & N plc, Wilson J. wrote “an actionable conspiracy will exist if the defendants combine to act unlawfully, their conduct is directed toward the plaintiff (or the plaintiff and others) and the likelihood of injury to the plaintiff is known to the defendants or should have been known to them in the circumstances” (at p. 340).

Other Questions


What is the definition of conspiracy and what is the test for conspiracy? (Alberta, Canada)
Is an application to strike out a pleading on the ground it does not disclose a cause of action an attack on the sufficiency of the pleading? (Alberta, Canada)
What is the test to amend a pleading? (Alberta, Canada)
What is the test for a roll-up pleading? (Alberta, Canada)
What is the test for the tort of conspiracy to prevent the collapse of Abacus? (Alberta, Canada)
Is there any case law or precedent in which a plaintiff has been ordered to produce documents in the pleadings? (Alberta, Canada)
What is the test for a claim of conspiracy? (Alberta, Canada)
Can a pleading be amended no matter how careless or late is the party? (Alberta, Canada)
What is the test for pleading guilty in a personal injury case? (Alberta, Canada)
Can a pleading deficient result in an action being struck? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.