What is the test for a finding of bad faith behaviour in a family law case?
Ontario, Canada
The following excerpt is from Neshkiwe v. Hare, 2020 ONCJ 285 (CanLII):
The father seeks a finding that the mother engaged in bad faith behaviour. The father relies on Tulchinksy v. Shuster, 2009 CanLII 2927 (S.C.J.), a decision of Power J. in which he found that the mother’s conduct in taking the child from home and relocating amounted to “bad faith”. The father also relies on the mother’s refusal to comply with the ex parte Order in this case to support a finding of bad faith.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the implications of a family law case law review of the applicable provisions and case law principles for costs in family law? (Ontario, Canada)
What is the test for a finding of bad faith in a family law case? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
Is there any case law that supports a finding of bias in the analysis in a case involving vaccines? (Ontario, Canada)
What is the test for a finding of contempt in a family law case? (Ontario, Canada)
What is the case law on surreptitious recording of telephone conversations in a family law case? (Ontario, Canada)
What is the standard of review in a family law case where the trial judge's findings of fact are based on credibility assessments? (Ontario, Canada)
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
Is a finding of bad faith a condition precedent to full recovery of costs under the Family Law Rules? (Ontario, Canada)
Is a formal offer made by a plaintiff in a family law case not in compliance with r. 18 of the Family Law Rules? (Ontario, Canada)
