What is the test for "good faith" under section 2(8) of the Family Law Act, 1986?

Ontario, Canada


The following excerpt is from Werth v. Werth, 2004 ONCJ 43 (CanLII):

[19] There are divided judicial opinions on this as well. In Rae v. Rae, supra, Master Peppiatt opted for an interpretation of good faith that required some positive ingredient: I have concluded that to establish “good faith” as set out in section 2(8) of the Family Law Act, 1986, more is required than a solicitor’s innocent inadvertence. There must be more than just the absence of ulterior motive. There must be some positive reason for the delay, such as one solicitor relying on the opposing solicitor’s undertaking not to plead a limitation period or even relying on an honest, but mistaken belief that such an undertaking had been given.

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