What is the test for improper purpose in a motion?
British Columbia, Canada
The following excerpt is from Samaroo v. Canada Revenue Agency, 2013 BCSC 482 (CanLII):
While the pleadings refer to “improper purpose”, as stated by Lamer J. in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 at 639 “[t]he required element of malice is, for all intents, the equivalent of “improper purpose”. As a result the defendants request for particulars of the alleged improper purpose is a request for particulars of “malice”.
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