What is the test for bad faith or improper motive in a preliminary application?
British Columbia, Canada
The following excerpt is from Kimmel v. Dhillon and others, 2018 BCHRT 146 (CanLII):
Bad faith or improper motive must be judged on an objective standard because it will seldom be possible to know, especially on a preliminary application without the benefit of oral evidence subject to cross-examination, the mind of the complainant: Stopps v. Just Ladies Fitness (Metrotown) and D. (No. 2), 2005 BCHRT 359, para. 13.
"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 is the test for an allegation that a complaint has been filed either for improper motive or in bad faith? (British Columbia, Canada)
Is improper conduct improper conduct in the context of a human rights application? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
Is there an alternative argument that the application of a law of general application to a particular group of Indians in a particular activity is legislation in their Indian-ness? (British Columbia, Canada)
Does a finding of bad faith on the part of the spouse in a claim for imputation of income for intentional unemployment or under employment require bad faith? (British Columbia, Canada)
Does a judge have a duty to hear an application where the adjudicator of the application has been found in error? (British Columbia, Canada)
On an interim support application, can the court get bogged down with the merits of the application? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
Does the question of whether council acted in good faith enter into an analysis of the vires of a resolution where it is alleged the decision was based on irrelevant or improper considerations? (British Columbia, Canada)
In making a preliminary determination on a judicial review application, is it appropriate for the parties to conduct a detailed legal analysis of the parties' positions? (British Columbia, Canada)
