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REQUIREMENTS

Predominant Purpose Conspiracy/Conspiracy to Injure 

The elements of the tort of conspiracy to injure are:

  1. An agreement between two or more;

  2. To use means either lawful or unlawful;

  3. With the predominant object of causing injury to the plaintiff; and

  4. 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:

  1. The defendants act in combination, that is, in concert, by agreement or with a common design;

  2. Their conduct is unlawful (and each must commit an unlawful act);

  3. Their conduct is directed towards the plaintiff;

  4. They should know that, in the circumstances, injury to the plaintiff is likely to result; and

  5. 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.