What is the test for the principle of common law barring misuse of the process?
British Columbia, Canada
The following excerpt is from a caselaw decision:
It has been described as a flexible and discretionary principle that is not confined to a set number of categories and it is employed to bar proceedings that are inconsistent with the objectives of public policy. It is a misuse of the process resulting in manifest unfairness to a party, or when such proceedings otherwise bring the administration of justice into disrepute: Kotsirilos v. College of Denturists of Ontario, 2011 CanLII 95746 (ON HPARB), 2011 CanLII 95746, at para [12].
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