What constitutes “bad faith” in a medical malpractice case?
Ontario, Canada
The following excerpt is from Gray v Brathwaite, 2017 ONSC 2692 (CanLII):
As held in Piskor v. Piskor, 2004 CanLII 5023 (ONSC), bad faith is not simply “bad judgment or negligence but rather it implies the conscious doing of a wrong because of dishonest purpose or moral obliquity…it contemplates a state of mind affirmatively operating with furtive design or ill will.”
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