What is the test for knowing assistance in a breach of trust?

13. Before turning to the question of knowing assistance, I observe that the result in Air Canada v. M & L Travel Ltd., supra, was that the appellant director of the corporation which had breached the trust was held personally liable along with the corporation. Specifically, the court found that the appellant had knowingly and directly participated in the breach of trust, based on the following findings of fact (at para. 62), each of which distinguishes that case from the case at bar: • he had actual knowledge of the contract giving rise to the trust; • he knew the trust funds were deposited to the corporation’s general account which was subject to a demand loan from its bank; • he received a benefit from the breach of trust in that his personal liability to the bank as guarantor was extinguished by the bank’s seizure of funds from the general account.