What is the test for knowing assistance in a breach of express trust?
Ontario, Canada
The following excerpt is from 1169822 Ontario Limited v. The Toronto-Dominion Bank, 2018 ONSC 1631 (CanLII):
The claim of knowing assistance in a breach of an express trust requires proof of actual knowledge by the defendant of the existence of a trust obligation and of the dishonest performance of the trust by the trustee: Air Canada v. M & L Travel Ltd., [1993] 3 SCR 787, 1993 CanLII 33 (SCC). Actual knowledge in this context includes wilful blindness or recklessness.
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