What is the test for relitigation under the abuse of process doctrine?
Canada (Federal), Canada
The following excerpt is from Morten v. Air Canada, 2007 CHRT 48 (CanLII):
The rationale for the abuse of process doctrine is to preserve the integrity of the judicial/adjudicative process by promoting judicial economy, consistency and finality. Relitigation can have negative consequences. There is no guarantee that relitigation will produce a more accurate result than the first proceeding. It can yield contradictory results. And it may waste judicial resources and involve unnecessary expenses for the parties. (Toronto v. CUPE, 2003 SCC 63, at paras.37, 51)
However, there may be cases where the bar to relitigation would lead to unfairness or create an injustice. In such case, this would overcome the interest in maintaining the finality of the original decision (Toronto v. C.U.P.E., para. 63).
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