What is the test for determining whether an action is frivolous, vexatious or an abuse of process?
Ontario, Canada
The following excerpt is from Powell v Shirley, 2016 ONSC 3577 (CanLII):
To determine whether the action is frivolous, vexatious or an abuse of process, a court may and indeed must look at the “whole history of the matter and not just whether there was originally a good cause of action”. See Lang Michener v. Fabian, supra, at p.358.
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