REQUIREMENTS
Predominant Purpose Conspiracy/Conspiracy to Injure
The elements of the tort of conspiracy to injure are:
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An agreement between two or more;
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To use means either lawful or unlawful;
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With the predominant object of causing injury to the plaintiff; and
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Causing actual damage to the plaintiff.
Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57, at paras. 72-74.
Unlawful Means Conspiracy
The elements of unlawful means conspiracy are:
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The defendants act in combination, that is, in concert, by agreement or with a common design;
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Their conduct is unlawful (and each must commit an unlawful act);
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Their conduct is directed towards the plaintiff;
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They should know that, in the circumstances, injury to the plaintiff is likely to result; and
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Their conduct causes injury to the plaintiff.
Agribrands Purina Canada Inc. v. Kasamekas, 2011 ONCA 460, at para. 26; applied in National Bank Financial Ltd. v. Barthe Estate, 2015 NSCA 47 and HSBC Bank Canada v. Fuss, 2013 ABCA 235; see also Bank of Montreal v. Tortora, 2010 BCCA 139.
