Is there any case law where bad faith or contempt is not required to be proved in all cases?
Alberta, Canada
The following excerpt is from Brown v. Silvera, 2004 ABQB 527 (CanLII):
I agree with the analysis in Kent v. Waldock, supra to the effect that neither bad faith nor contempt is required to be proved in all cases. Rule 602 allows for such costs awards to be made “in any proper case”. In my view, serious misconduct may warrant costs to compensate the other party even where that conduct does not amount to contempt.
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