What is the test for a party advancing an abuse of process claim?

British Columbia, Canada


The following excerpt is from Yi Teng Investment Inc. v Keltic (Brighouse) Development Ltd., 2022 BCSC 33 (CanLII):

A party advancing an abuse of process claim bears a heavy onus and must show that the abuse is plain and obvious. Only egregious conduct will warrant dismissal of an action: Hare v. Lit, 2013 BCSC 33 at paras. 24-25.

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