What is the test for an allegation that a complaint has been filed either for improper motive or in bad faith?

British Columbia, Canada


The following excerpt is from Willie v. King Insurance Services and others, 2019 BCHRT 200 (CanLII):

An allegation that a complaint has been filed either for an improper motive or in bad faith requires objective evidence from which bad faith or improper purposes can be inferred. That question must be judged by an objective standard, since it will seldom be possible to know the mind of the complainant: Mokhtari v. Hain-Celestial Canada and others, 2007 BCHRT 196.

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