What is the test for a knowing assistance claim?
Alberta, Canada
The following excerpt is from Ramias v. Johnson, 2009 ABQB 386 (CanLII):
In order to succeed in law for an action of knowing assistance, a plaintiff is required to establish 3 elements: 1. That there was a trust 2. That the trustee perpetrated a dishonest and fraudulent breach of trust; and 3. That the stranger participated in and had actual knowledge of the trustee’s dishonest and fraudulent breach of trust. See Gold v. Rosenburg, 1997 CanLII 333 (SCC), [1997] 3 S.C.R. 767, 152 D.L.R. (4th) 385.
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