What is the test for establishing a civil conspiracy?

British Columbia, Canada


The following excerpt is from XY, LLC v. Zhu, 2013 BCCA 352 (CanLII):

I certainly agree that the acts of the defendants must be causally related to loss or damage to the plaintiff for purposes of establishing a civil conspiracy. As stated in Lombardo v. Caiazzo (2006) 211 O.A.C. 270, “A conspiracy that does not result in damages is not actionable.” (Para. 16.) The fact that the plaintiff must have suffered loss as a result of the conspiracy, however, does not mean it must have changed its position or relied to its detriment on misconduct of the defendant. In Canada Cement LaFarge, for example, the defendants were alleged to have conspired to drive the plaintiff aggregate manufacturer out of business through marketing arrangements aimed at dividing the concrete products market in British Columbia between two of the defendants. Although the plaintiff’s claim ultimately failed, no issue arose concerning the sustainability in theory of the plaintiff’s claim to loss of the “benefits of a free market” as a result of the alleged conspiracy.

Other Questions


What is the standard of proof required to establish reasonable grounds in civil cases? (British Columbia, Canada)
What is the test for establishing a balance of probabilities in a civil action? (British Columbia, Canada)
How have special costs been awarded in civil actions where the purpose of the civil action was to silence public opposition? (British Columbia, Canada)
What is the test for establishing that an agreement is not a conspiracy? (British Columbia, Canada)
What is the test for conspiracy and/or conspiracy damages in an action by a former wife against her former husband? (British Columbia, Canada)
What are the elements of conspiracy and what is the effect of conspiracy? (British Columbia, Canada)
What is the test for establishing a presumption of prejudice in a civil case? (British Columbia, Canada)
What is the tort of civil conspiracy in the context of lightweight aggregate litigation? (British Columbia, Canada)
Does a witness in a civil proceeding have absolute immunity from civil action at common law? (British Columbia, Canada)
What is the definition of a civil conspiracy? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.