FRAUD, UNCONSCIONABILITY AND KNOWING ASSISTANCE

Abstract

In some circumstances, a person who participates in a breach of trust may be held personally liable to the benefciaries for 'knowing assistance' in a breach of trust. The Supreme Court of Canada has held that the defendant's conscience is sufficiently affected only if he or she had actual knowledge that the breach of trust was fraudulent. The author argues that this interpretation is too narrow. The author's position would focus the purpose of imposing liability for knowing assistance on the protection of the vulnerable and the prevention of the abuse of power.