Does a creditor have to prove that the Respondent acted in bad faith or fraudulent intention to obtain a loan?
Alberta, Canada
The following excerpt is from Builders’ Floor Centre Ltd. v. Thiessen, 2012 ABQB 86 (CanLII):
A creditor does not have to prove that a respondent acted with bad faith or fraudulent intention. The court is concerned with the effect of the respondent’s actions on the applicant. It is the impact of the conduct, not intention, which is to be assessed by the court. Gignac Sutts v. Harris, para. 79.
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