What is the test for malicious behaviour, bad faith, and unlawful conduct in dental malpractice cases?

British Columbia, Canada


The following excerpt is from Del Puppo v. Regional District Of Comox-Strathcona, 1998 CanLII 3203 (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 at least prima facie evidence 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 such allegations and claims were made to an award of special costs.

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