What are the elements of a knowing assistance claim?
Ontario, Canada
The following excerpt is from Geographic Resources Integrated Data Solutions Ltd. v. Peterson, 2012 ONSC 7182 (CanLII):
There is no dispute that, as set out in Gold v. Rosenberg, 1997 CanLII 333 (SCC), [1997] 3 S.C.R. 767, at para. 34, the required elements to establish a claim for knowing assistance are the following: • There was a trust; • The named trustee perpetrated a dishonest and fraudulent breach of trust; and • The third party against whom the claim is made had actual knowledge of the trustee’s dishonest and fraudulent breach of trust and participated in it.
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