What is the test for bad faith?
British Columbia, Canada
The following excerpt is from Krist v. HMTQ et al, 2004 BCSC 694 (CanLII):
Further, I must say this: Even if this proceeding had been properly commenced and was a matter which could be heard in a court of criminal jurisdiction, it would be wrong to attempt to determine a matter such as this summarily. That is so because, as established in Persaud v. Ottawa (City) Police, supra, a finding of bad faith is necessary to a determination of liability under s. 24(1) in order to obtain damages. In my view, issues of bad faith should not be determined summarily.
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