Can a claim be struck under Rule 9-5(1)(d)?
British Columbia, Canada
The following excerpt is from Prokam Enterprises Ltd. v British Columbia Farm Industry Review Board, 2020 BCSC 2138 (CanLII):
A claim may be struck under Rule 9-5(1)(d) for constituting an abuse of process where the proceedings are without foundation or serve no useful purpose and is one of multiple or successive proceedings which cause or are likely to cause vexation or oppression: Berthin, at para. 17, quoting Babavic v. Babowech, 1993 CarswellBC 2950 at para. 18.
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