What are the elements of the tort of knowing assistance in breach of fiduciary duty?

Ontario, Canada


The following excerpt is from Extreme Venture Partners Fund I LP v. Varma, 2019 ONSC 2907 (CanLII):

The elements of the tort of knowing assistance in breach of fiduciary duty are set out in Air Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787, at p. 825: • There must be a fiduciary duty; • The fiduciary must have breached that duty fraudulently and dishonestly; • The stranger to the fiduciary relationship must have had actual knowledge of both the fiduciary relationship and the fiduciary’s fraudulent and dishonest conduct; and • The stranger must have participated in or assisted the fiduciary’s fraudulent and dishonest conduct.

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