Monday, June 22, 2015

Unlawful Act Conspiracy

Berry v. Pulley, 2015 ONCA 449:

[35]       Canadian courts recognize two types of actionable conspiracy: Pro-Sys Consultants Ltd. v. Microsoft Corp., 2013 SCC 57, [2013] 3 S.C.R. 477, at para. 73. The first is predominant purpose conspiracy, also known as conspiracy to injure. This appeal involves the second type, which is known as unlawful means or unlawful act conspiracy. 

[36]       As outlined in Agribrands Purina Canada Inc. v. Kasamekas, 2011 ONCA 460, 106 O.R. (3d) 427, at para. 26, a plaintiff must establish the following five elements to succeed on a claim of unlawful act conspiracy:

1)              The defendants acted in combination, that is, in concert, by agreement or with a common design;

2)               The defendants' conduct was unlawful;

3)               The defendants' conduct was directed towards the plaintiff;

4)              The defendants should have known that, in the circumstances, injury to the plaintiff was likely to result; and 

5)               The defendants' conduct caused injury to the plaintiff.

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