Is bad faith not bad faith?
Ontario, Canada
The following excerpt is from A.A. v Z.G., 2016 CanLII 3332 (ON SC):
In Ottewell v. Ottewell, [2013] ONSC 721, the court declined to find bad faith but found, and took into consideration, conduct in the course of the litigation, that was found to be unreasonable. Both parties allege that the other has acted unreasonable and thereby protracted the trial. The conduct of A.A. was, I find, such that he left Z.G. no alternative but to pursue her claims at great cost to her.
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