When pleading bad faith or abuse of power, it is not enough to assert, baldly, conclusory phrases such as “bad faith” (Zündel v. R., 2005 FC 1612). From a procedural perspective, this principle is encapsulated in Rule 14.11(1) of the Rules, which stipulates what is required to be set out in a pleading which alleges deliberate behavior such as bad faith: 14.11 (1) Subject to rule 14.11(2), every pleading shall contain the necessary particulars of any claim, defence or other matter pleaded, including (a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies; and (b) where a party pleading alleges any condition of the mind of any person, including any disorder or disability of mind or any malice, or fraudulent intention, or other condition of mind except knowledge, particulars of the facts on which the party relies.
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