Whether there has been wilfulness or male fides on the part of a purported malfeasor?
Ontario, Canada
The following excerpt is from Alexis v. Darnley, 2009 CanLII 2896 (ON SC):
Whether there has been wilfulness or male fides on the part of a purported malfeasor may require not only an assessment of the person’s conduct or actions, but also his state of mind or knowledge. It was observed by Watt J.A. in Esse v. Bank of Montreal, supra at para. 46 that state of mind or knowledge is “a notoriously difficult fact for a party to prove”. Often it is proven by circumstantial evidence and by drawing reasonable inferences. Frequently, proof of knowledge is much better left to the trial judge, who has the benefit of hearing the evidence of the parties, than by a judge assessing the printed record on a motion.
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