What is the test for an action to be struck as an abuse of process?
British Columbia, Canada
The following excerpt is from Morin Dal Col v Métis Nation British Columbia, 2021 BCSC 964 (CanLII):
Plaintiffs cannot disguise a collateral attack by framing the action in tort. If the substance of the claim questions the validity of the decision, such as a tax assessment, then it must be struck as an abuse of process: Leroux v. Canada (Revenue Agency), 2010 BCSC 865 at paras. 36 and 53.
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