What is the test for a full recovery claim?
Ontario, Canada
The following excerpt is from David v. David, 2005 CanLII 10541 (ON SC):
Despite the issue of unreasonableness, costs on a full recovery basis must meet the test of bad faith. As established by V.J. MacKinnon J., "Bad faith can be established by conduct that is intended to deceive or mislead another. It can also be established by the intentional failure to fulfil an agreement in order to achieve an ulterior motive." (see Erickson v. Erickson, court file number: 00FL868, May 16, 2000).
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