Can a proceeding be an abuse of process where there have been multiple and successive proceedings arising from the same facts?

British Columbia, Canada


The following excerpt is from Taylor v. The Law Society of British Columbia, 2010 BCSC 1098 (CanLII):

A proceeding can be an abuse of process where there have been multiple and successive proceedings arising from the same facts even where the petitioner or plaintiff honestly believes that other decisions were wrong and he or she was not treated fairly: Budgell v. Oppal, 2007 BCSC 991, aff’d 2008 BCCA 349.

Other Questions


What constitutes an abuse of the court’s process in a vexatious proceeding? (British Columbia, Canada)
What is the criteria for a successful party to be successful on multiple issues throughout? (British Columbia, Canada)
Does the fact that there is a discrepancy between what occurred in a proceeding and what happened in the proceeding defeat privilege? (British Columbia, Canada)
Is there an abuse of process that would justify a stay of proceedings? (British Columbia, Canada)
What constitutes a vexatious proceeding or an abuse of the court’s process? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
What is the role of abusive conduct by the police in determinations of abuse of process? (British Columbia, Canada)
Can a judge stay an extradition proceeding on the basis of abuse of process? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
Can an application under Rule 9-5(d) be dismissed as an abuse of process? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.