What is the test for bad faith and lack of bona fides in oppression assessments?
Nova Scotia, Canada
The following excerpt is from Richards v. Richards, 2013 NSSC 163 (CanLII):
This passage carries an emphasis which differs from the approach in Gibbons v. Medical Carriers Ltd., 2001 MBQB 229, at paragraph 37, that: “No element of bad faith or lack of bona fides is required to obtain a remedy under this [the oppression assessment] branch of the application. It is the effect or the result of the activity and not the intention that is crucial.”
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