What is the test for striking a claim under the tort of conspiracy?

The Court of Appeal held that the trial judge did not err in striking the claim based on the principles in Frame v. Smith. The court began by citing the principles in Canada Cement with respect to the scope of the tort of conspiracy. The court also discussed problems with the tort of conspiracy including the fact that the tort of conspiracy “may have lost much of its usefulness in our commercial world, and survives in our law as an anomaly.”[66]