What is the test for bad faith and malice in a medical malpractice case?
Ontario, Canada
The following excerpt is from Khan v. Law Society of Ontario, 2021 ONSC 6019 (CanLII):
With respect to punitive damages, bad faith or malice requires proof of the intention to harm; mere recklessness is not sufficient. Outside of the realm of punitive damages, bad faith may be established by demonstrating recklessness or serious or extreme carelessness such that the actions taken may be viewed as an actual abuse of power. “Gross or serious carelessness is incompatible with good faith” (Finney v. Barreau du Québec, 2004 SCC 36 (CanLII), [2004] 2 S.C.R. 17 at paras. 37-40).
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