What constitutes bad faith behaviour for the purposes of costs?
Ontario, Canada
The following excerpt is from Neshkiwe v. Hare, 2020 ONCJ 285 (CanLII):
In his affidavit sworn March 16, 2020, the father argues that this transfer motion is brought in bad faith. In Neshkiwe v. Hare, 2020 ONCJ 149, I set out the extent to which the mother’s and M’Chigeeng First Nation’s positions delayed the hearing of the temporary custody and access issues, and I am finding that some of the mother’s conduct in this case amounts to bad faith behaviour for the purposes of costs. I address that below. But that is bad faith conduct of a different nature.
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