“Bad faith is not simply bad judgment or negligence. In S. (C.) v. S. (M.) [2007 CarswellOnt 3485 (Ont. S.C.J.)], 2007 CanLII 20279 at paras. 16-18 and 24, Perkins J. held that bad faith within the meaning of Rule 24(8) encompasses:
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- behaviour shown to be carried out with intent to:
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(a) inflict financial or emotional harm on the other party or other persons affected by the behavior;
(b) to conceal information relevant to the issues; or
(c) to deceive the other party or the court;
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- behaviour relating to the issues at stake in the case or the conduct of the case;
- costs incurred in relation to the issues affected by the bad faith; and
- the essence of bad faith is when a person suggests their actions are aimed for one purpose when they are aimed for another purpose.”
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