In New Solutions Extrusion Corporation v. Gauthier,  Karakatsanis J. discussed the onus on the plaintiffs to sustain an allegation of conspiracy in the context of a summary judgment motion. The plaintiffs had advanced “scandalous allegations and conclusions” about the defendant lawyers to commit the alleged conspiracy without a real evidentiary foundation for such statements of fact or intention. The court, in acknowledging its mandate to “take a good hard look” at the evidence to determine if there was a genuine issue requiring a trial, found that there was no evidentiary foundation to support these allegations. Madam Justice Karakatsanis said this at para. 37: Of course it will always be difficult to prove intention or purpose or knowledge by direct evidence. However, there must be evidence of a factual basis capable of raising the inference of a state of mind or of an agreement between the co-conspirators.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.