What are the elements of the tort of knowing assistance in the breach of a fiduciary duty?

Ontario, Canada


The following excerpt is from Extreme Venture Partners Fund I LP v. Varma, 2021 ONCA 853 (CanLII):

The constituent elements of the tort of knowing assistance in the breach of a fiduciary duty are that: (i) there must be a fiduciary duty; (ii) the fiduciary must have breached that duty fraudulently and dishonestly; (iii) the stranger to the fiduciary relationship must have had actual knowledge of both the fiduciary relationship and the fiduciary’s fraudulent and dishonest conduct; and (iv) the stranger must have participated in or assisted the fiduciary’s fraudulent and dishonest conduct: Air Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787, at pp. 811-13.

Other Questions


What are the elements of the tort of knowing assistance in breach of fiduciary duty? (Ontario, Canada)
What are the elements of knowing assistance in a breach of fiduciary duty? (Ontario, Canada)
What is the test for knowing assistance in a breach of fiduciary duty? (Ontario, Canada)
Is there a breach of fiduciary duty or breach of public policy in a case brought by P? (Ontario, Canada)
Does a police officer's failure to investigate and prosecute for breach of duty constitute a duty of care to a private individual? (Ontario, Canada)
Can a franchisee claim for breach of fiduciary duty against the franchisee? (Ontario, Canada)
Does a plaintiff have to prove a breach of fiduciary duty to a third party to recover damages? (Ontario, Canada)
What is the test for knowing assistance in a breach of express trust? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
What is the proper remedy for a breach of fiduciary duty? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.