What is the test for knowing assistance in a breach of fiduciary duty?
Ontario, Canada
The following excerpt is from Keeton v. The Bank of Nova Scotia, 2009 ONCA 662 (CanLII):
With respect to knowing assistance in a breach of fiduciary duty, to found liability, the stranger to the trust must have actual (as opposed to constructive) knowledge of the misconduct, or be wilfully blind to the breach or reckless in his failure to realize that there was a breach: see Air-Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787 at pp. 811-12.
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