The evidence of tortious conspiracy is circumstantial. The close connection alleged between the principals of the companies and the carefully orchestrated series of events placing the domain name beyond the reach of the plaintiffs, all considered against the background of a pattern of creating a protective maze of offshore companies, are sufficient, in my view, to satisfy the evidentiary burden on the plaintiffs. The plaintiffs therefore have a “good arguable case”. I do not understand J. Michael Boat Sales v. McAfee (1998), 12 C.P.C. (B.C.S.C.), to create a bar to proof of tortious conspiracy by circumstantial evidence alone.
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