What is the test for an award for abusive conduct in a personal injury case?
Ontario, Canada
The following excerpt is from Bukshtynov v. McMaster University, 2018 ONSC 4819 (CanLII):
Justice Malloy in Standard Life Assurance Company v. Elliott, (2007) O.J. No. 200131 describe "A situation(s) in which such an award is appropriate is where one party to the litigation has behaved in an abusive manner/brought proceedings wholly to void the merit and unnecessarily run up the costs of litigation."
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