Good Faith v. Bad Faith (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2385
Page Categories:	[Personal Use Application (LTB)]
Citation:	Good Faith v. Bad Faith (LTB), CLNP 2385, <https://rvt.link/cg>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2024/06/21

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EAT-60372-16 (Re), 2016 CanLII 88188 (ON LTB)

4. "Bad Faith” may be defined as “… the opposite of ‘good faith,’ generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfil some duty or some contractual obligation, not prompted by honest mistake as to one’s rights or duties, but by some interested or sinister motive.” Term ‘bad faith’ is not simply bad judgment or negligence, but rather implies the conscious doing of a wrong because of dishonest purpose or moral obliquity ….”: See Black’s Law Dictionary, 6th Ed. St. Paul: West Publishing (1990), p. 139.

13. On any application before the Board, the burden rests on the applicant to prove their case on the balance of probabilities. In this case, the Tenants must prove on a balance of probabilities that they were given the notice of termination in bad faith, and moved out because of the notice of termination and the Landlord did not move into the unit within a reasonable time after the Tenants moved out.