The appellant, representative plaintiff in a proposed class action by unit holders of a real estate investment trust, appealed a motion judge's decision striking a knowing assistance claim against the respondents.
The claim alleged the respondents assisted a trustee in a breach of trust by concealing a conflict of interest in a property transaction.
The Court of Appeal allowed the appeal, finding the motions judge erred by failing to generously construe the pleadings and by concluding that the respondents' alleged suppression of information and active participation could not amount to knowing assistance.
The claim was found to be legally plausible.
