What is the test for reprehensible conduct in dental malpractice cases?

British Columbia, Canada


The following excerpt is from Mononen v. Great-West Life Assurance Co., 1998 CanLII 6061 (BC SC):

In Walker v. College of Dental Surgeons of British Columbia (7 April 1997) Vancouver C946856 Sinclair-Prowse J. decided that allegations of malicious behaviour, bad faith, interference with contractual relations, and unlawful conduct which are not supported by evidence of at least a prima facie case amount to reprehensible conduct if not abandoned as soon as it is evident they are without foundation.

In Hannan v. Methanex Corp. (17 June 1997) Vancouver C954845 Harvey J. concluded that when allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages were not abandoned until mid-trial, such attacks on the integrity of an individual "offend the court's sense of decency" and amount to "reprehensible conduct" entitling the individual against whom the such allegations and claims are made to an award of special costs.

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