What is the legal test for "knowing assistance" in a claim for constructive knowledge?
Ontario, Canada
The following excerpt is from Kherani v. Bank Of Montreal, 2012 ONSC 2230 (CanLII):
The knowledge requirement for "knowing assistance" is actual knowledge, which includes recklessness or willful blindness: see Air Canada v. M&L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787 at paras. 39-41 (“Air Canada”). Constructive knowledge is not sufficient to establish liability on the basis of knowing assistance.
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