What is the test for a finding of bad faith in a family law case?
Ontario, Canada
The following excerpt is from Ramoutar v. Ramoutar, 2020 ONSC 7478 (CanLII):
Rule 24(8) of the Family Law Rules provides that the court “shall decide costs on a full recovery basis” if a party has acted in bad faith. Rule 24(8) requires a fairly high threshold of egregious behaviour, and as such a finding of bad faith is rarely made: Chomos v. Hamilton, at para. 43.
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