What is the test for bad faith in failing to comply with an order for disclosure?
Ontario, Canada
The following excerpt is from Syed v Syed, 2017 ONSC 3739 (CanLII):
There was no finding of intent to deceive or mislead. As stated in Leonard v. Meloche “ A significant delay in fulfilling an order for disclosure, where no time limit was imposed is not presumed to constitute bad faith”.
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