What is the current state of the law on stays for abuse of process?
Canada (Federal), Canada
The following excerpt is from John Doe v. Canada (Citizenship and Immigration), 2007 FC 327 (CanLII):
As to stays for abuse of process, in United States of America v. Tollman, [2006] O.J. No. 3673 the Ontario Superior Court of Justice recognized that both the common law power to prevent abuse that undermined the integrity of the judicial system and that power under the Charter to control abuse that affected individual rights, have been merged.
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