What is the test for abuse of process in tort?

British Columbia, Canada


The following excerpt is from Hoban v. Birnie, 1996 CanLII 3389 (BC SC):

To like effect is Lander J.'s analysis of the tort in Olorenshaw v. International Chem-Pro Industries Inc. (May 8, 1991) Chilliwack C860009. The court's comments are particularly apposite in the context of the facts at bar: A different consideration applies where a party seeks to utilize the process of the court for some ulterior, and improper, purpose. Here, the court will apply its inherent jurisdiction to protect itself from involvement in schemes which have as their goal not justice but some other result dear to the heart of the plaintiff. In cases where there is an identifiable effort on the part of the plaintiff to use the court in furtherance of an ulterior purpose with the result that the defendant suffers a loss, then the court can make a finding of abuse of process and order compensation and exemplary damages.

Other Questions


Is abuse of process a tort or a form of malicious prosecution? (British Columbia, Canada)
What is the role of abusive conduct by the police in determinations of abuse of process? (British Columbia, Canada)
Can abuse of process amount to an actionable tort? (British Columbia, Canada)
Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process? (British Columbia, Canada)
Is this an abuse of process? (British Columbia, Canada)
Is a notice to an expert of a claim for special costs against them an abuse of the court’s process? (British Columbia, Canada)
Can a party be awarded special costs of an application to strike an action as an abuse of court process? (British Columbia, Canada)
What is the test for abuse of process by relitigation? (British Columbia, Canada)
What is the case law on res judicata and abuse of process? (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.