What is the legal test for "knowing assistance" in a claim for constructive knowledge?

Ontario, Canada

The following excerpt is from Kherani v. Bank Of Montreal, 2012 ONSC 2230 (CanLII):

The knowledge requirement for "knowing assistance" is actual knowledge, which includes recklessness or willful blindness: see Air Canada v. M&L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787 at paras. 39-41 (“Air Canada”). Constructive knowledge is not sufficient to establish liability on the basis of knowing assistance.

Other Questions

Can a construction lien claim against a non-party under the Construction Lien Act? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
What are the elements of a knowing assistance claim? (Ontario, Canada)
How have the courts interpreted the construction of this clause in the Construction of a Statement of Claim? (Ontario, Canada)
What is the legal burden of proving due execution, knowledge and approval and testamentary capacity in a will? (Ontario, Canada)
Does the applicant have any knowledge to make a claim? (Ontario, Canada)
What is the proper remedy for unjust enrichment in the context of a claim for constructive trust? (Ontario, Canada)
Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim? (Ontario, Canada)
What is the legal test for knowledge? (Ontario, Canada)
What is the penalty for knowing assistance in mortgage fraud? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.