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In Canada, the tort of civil unlawful conspiracy is laid out as follows:

  1. Two or more people acted in concert, by agreement, or with a common design or intention;

  2. The co-conspirators engaged in conduct that was unlawful, which can include the breach of a statute, the violation of a contract, or the carrying out of an underlying tort, such as misrepresentation or fraud;

  3. The conduct was directed towards the plaintiff; Given the circumstances, the defendants should have known that injury was likely to result; and

  4. Injury or harm did result.

In case of simple motive or unlawful conspiracy, does it matter if the named individuals represent one organization? That is to say, if two or more agents of the same organization acted in cooperation to fulfill the latter 3 points, would this fulfill the first requirement?

Also, in the event that the individuals named in the conspiracy all acted as agents for the organization they all represent and on its behalf, would the the organization be guilty (assuming these points are all proven) of unlawful conspiracy, or just the named individuals, or both? Let's assume that the list of individuals involved spans the entire hierarchy of the organization, except maybe the board itself.

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