What constitutes bad faith in refusing to comply with a court order?

Ontario, Canada


The following excerpt is from Veneris v. Veneris, 2015 ONCJ 175 (CanLII):

[21] There are many cases in which a party acts unreasonably and does not comply with an order, out of anger or a mistaken but honest belief in the rightness of his or her position. Absent a prolonged campaign which continues despite evidence or judicial direction to the contrary, courts have not found that this conduct constitutes bad faith. For example, in Singh v. Singh, 2006 ONCJ 217, a father with temporary custody failed to make the children available for access ordered by the court for because he believed that one child did not want to attend and because the mother had acted irresponsibly in the past. The court found that he acted unreasonably, but not in bad faith, because of his sincere belief in his position[5].

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