Is there a difference between knowing and knowing receipt?

Alberta, Canada


The following excerpt is from Woronuk v. Woronuk, 2009 ABQB 306 (CanLII):

[22] As stated by Iaccobucci J. in Gold v. Rosenberg at paras. 47-48: ...unlike knowing assistance, the defendant in knowing receipt is in no way implicated in the wrongdoing perpetrated by the rogue trustee. Rather, the cause of action in knowing receipt arises simply because the defendant has improperly received property which belongs to the plaintiff. The plaintiff’s claim amounts to nothing more than, “You unjustly have my property. Give it back.” Unlike knowing assistance, there is no finding of fault, no legal wrong done by the defendant and no claim for damages. It is, at base, simply a question of who has a better claim to the disputed property.

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