What is the test for bad faith in a police complaint?
Nova Scotia, Canada
The following excerpt is from Wilson Fuel Co. Ltd, v. Power Plus Technology Inc., 2015 NSSC 304 (CanLII):
Both parties have pleaded bad faith, and the parties each argue that the requested information relates to their respective allegations of bad faith. It is necessary to determine whether bad faith is unnecessary or immaterial to their claims or defences. An allegation will be unnecessary and immaterial when it is made frivolously, i.e. it lacks any rational argument based on the evidence or law and is obviously unsustainable: Mercier v. Nova Scotia (Police Complaints Commissioner), 2014 NSSC 79, [2014] N.S.J. No. 304, at paras. 25 and 30).
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