May 27, 2020 – Bad Faith

“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:

      • behaviour shown to be carried out with intent to:

(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;

      • 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.”

Goldstein v. Walsh, 2019 ONSC 3174 (CanLII) at 8