As stated by Iaccobucci J. in Gold v. Rosenberg at paras. 47-48: ...unlike knowing assistance, the defendant in knowing receipt is in no way implicated in the wrongdoing perpetrated by the rogue trustee. Rather, the cause of action in knowing receipt arises simply because the defendant has improperly received property which belongs to the plaintiff. The plaintiff’s claim amounts to nothing more than, “You unjustly have my property. Give it back.” Unlike knowing assistance, there is no finding of fault, no legal wrong done by the defendant and no claim for damages. It is, at base, simply a question of who has a better claim to the disputed property.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.