What is the test for knowing assistance of breach of trust?
British Columbia, Canada
The following excerpt is from Healey v. Royal Bank of Canada, 2003 BCSC 342 (CanLII):
To prove a claim of knowing assistance of breach of trust, the plaintiff must establish the following: (a) the existence of a trust; (b) that the trustee fraudulently or dishonestly breached his equitable duty; (c) the stranger defendant had actual knowledge of the trustee's fraudulent or dishonest conduct; and (d) the stranger defendant knowingly assisted in the fraudulent or dishonest scheme. Air Canada v. M&L Travel Ltd. (1993), 108
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