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).
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