Duhaime's Law Dictionary


Bona Fide Definition:

Latin: good faith.

Related Terms: Mala Fides

Also bona fides (with an "s").

In good faith; genuine.1

A bona fide owner of a negotiable instrument, for example, would one who holds it without any knowledge of a defect in title.

Osborne defines it as:

"In good faith, honestly, without fraud, collusion or participation in wrong-doing. It is the opposite of mala fide - bad faith."

The term is subject to wrong usage to refer to something that is genuine or authentic, which is inconsistent with the proper meaning of the word. For example, British Columbia's Human Rights Act at §8 and §11:

"A person must not, without a bona fide and reasonable justification deny to a person or class of persons any accommodation, service or facility customarily available to the public....

"A person must not publish or cause to be published an advertisement in connection with employment or prospective employment that expresses a limitation, specification or preference as to race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age unless the limitation, specification or preference is based on a bona fide occupational requirement."

 

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