Can the abuse of process doctrine be used to prevent relitigation of issues that could have been determined?
Ontario, Canada
The following excerpt is from Urban Mechanical Contracting Ltd. v. Broccolini Construction (Toronto) Inc. et al., 2021 ONSC 1807 (CanLII):
Furthermore, the abuse of process doctrine can also be used to prevent relitigation of issues that not only were actually determined but those that could have been determined: Aba-Alkhail v. University of Ottawa, 2013 ONCA 633, 363 D.L.R. (4th) 470, at para. 12. Sossin J.’s Reasons
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