What is the test for bad faith or improper motive in a preliminary application?

British Columbia, Canada


The following excerpt is from Lapidus v. Pioneer Park Co-operative Housing Association and others, 2018 BCHRT 28 (CanLII):

Bad faith or improper motive must be judged on an objective standard because it will seldom be possible to know, especially on a preliminary application without the benefit of oral evidence subject to cross-examination, the mind of the complainant: Stopps v. Just Ladies Fitness (Metrotown) and D. (No. 2), 2005 BCHRT 359, para. 13.

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