What is the tort of civil conspiracy in the context of lightweight aggregate litigation?
British Columbia, Canada
The following excerpt is from Youyi Group Holdings (Canada) Ltd. v Brentwood Lanes Canada Ltd., 2019 BCSC 739 (CanLII):
As set out in the leading case in this area, Cement LaFarge v. B.C. Lightweight Aggregate, 1983 CanLII 23 (SCC), [1983] 1 S.C.R. 452 at 471‑472 [Cement LaFarge], the tort of civil conspiracy arises in two possible situations which can be referred to as predominant purpose conspiracy and unlawful means conspiracy: (1) whether the means used by the defendants are lawful or unlawful, the predominant purpose of the defendants’ conduct is to cause injury to the plaintiff, or (2) where the conduct of the defendants is unlawful, the conduct is directed towards the plaintiff (alone or together with others), and the defendants should know in the circumstances that injury to the plaintiff is likely to and does result.
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