What is the test for sustaining an allegation of conspiracy?

Ontario, Canada


The following excerpt is from R. v. Children’s Aid Society of Toronto et al, 2011 ONSC 4261 (CanLII):

In New Solutions Extrusion Corporation v. Gauthier, [6] 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.

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