What is the test to prove bad faith or malice against a party?
British Columbia, Canada
The following excerpt is from Meadowridge School Society v Allen, 2018 BCSC 1707 (CanLII):
It is insufficient to show that a party's allegations of bad faith or malice were not substantiated by the evidence. The party also must demonstrate that the litigant on the other side acted improperly in bringing forward claims that were obviously unfounded: Hung v. Gardiner, 2003 BCSC 285 at para. 16.
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