What is the test for wrongful filing of a lis pendens?
British Columbia, Canada
The following excerpt is from First Can. Land Corp. Ltd. v. Rosinante Holdings Ltd., 1985 CanLII 431 (BC CA):
In the decision in Marshall v. Heidi it is set out as the basis for the cause of action for the wrongful filing of a lis pendens that the root of the action lies in abuse of civil process and, like other actions for abuse of civil process, the ingredients of the action require that the plaintiff establish malice on the part of the defendant who filed the lis pendens and that damages flow from the malicious filing and malicious abuse of process.
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