Are you interested in the conspiracy definition law in Canada? Maybe you are a law student getting ready for a torts exam. Or maybe you have been sued for conspiracy?

This article will explain what you need to know about lawsuits and torts. You can also see our litigation series for other helpful articles.

If you need a civil litigator to file a lawsuit for conspiracy or defend against it in Canada, contact us. We will connect you with a top lawyer.

Civil Conspiracy Definition

When someone files a lawsuit for conspiracy, it’s important that it’s properly pled. The plaintiff must establish three things:

That there was some sort of agreement between two or more parties (people, organizations etc)
That action was taken to cause damage to the person filing the lawsuit or action was taken that violates the law
There were actual damages suffered by the plaintiff

Basically, unlawful action that causes damages means conspiracy.

When I mentioned an agreement, don’t think of a contract. Instead, the agreement means that the people being sued worked together (in agreement) to cause illegal action and damages.

Some torts don’t require damage to actually occur. For example, the tort of Assault only requires the defendant to mean to cause harmful contact. In the Tort of Conspiracy, however, actual damages must be shown.

Civil conspiracy complaint

The conspiracy definition in Canada might seem simple, but the area of law is still developing.

Sometimes it might be pled that the defendants knew or ought to have known that injury to the plaintiff was likely, and such injury did in fact occur.

It might also be pled that the goal was to injure the plaintiff and benefit themselves, regardless of whether the means used by them were lawful.

If the two or more parties didn’t act together, then it can’t be a conspiracy.

The plaintiff must make it clear if the actions were illegal or not.

The tort of a conspiracy needs to be distinguished from a criminal act.

Conspiracy Definition Law Canada

Some people filing a lawsuit confuse the tort of conspiracy with the tort of assault or battery. Sometimes it’s confused with the criminal act of assault, theft, or fraud.

You need to “merge” your Torts, and pick the one that is most likely to succeed. Don’t just plead a bunch of torts to see what works.

A lawsuit for civil conspiracy often comes up in fraud cases. People not involved in the original business deal or investment can be sued if they helped with the wrongdoing.

An example of a Tort is three people getting together to defraud a bank. One person applies for the loan and the other two work at a separate bank in Italy.

Canadian Conspiracy Laws: Detailed Definitions and Insights

Once the Canadian bank, let’s say TD Bank, makes the person a $1M loan, the person who received the money transfers the money to the bank in Italy.

When TD Bank sues the person for defaulting on the loan, the money is gone. It’s safe in Italy.

TD Bank might hire a law firm in Italy to go after all three of the people who worked in the conspiracy to defraud the bank.

This of course assumes that Italy has the same conspiracy laws as Canada, otherwise the lawsuit would have to be filed in Canada.

If you are a law student, check out our law school series. If you need a lawyer, contact us.

Learn other legal definitions.

Author: Alistair Vigier is the CEO of ClearWay Law

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Understanding the Legal Definition of Conspiracy in Canada