How has the abuse of process doctrine been interpreted?
Ontario, Canada
The following excerpt is from Briggs v. Durham Regional Police Services, 2019 HRTO 565 (CanLII):
The abuse of process doctrine is an equitable doctrine about the overall fairness of the judicial process. How the parties act or fail to act is a valid and necessary consideration to whether there was an abuse of process. The respondents' failure to take steps to prevent litigation was considered by the court in Arcand v. Abiwyn Co-operative Inc., 2010 FC 529 (“Arcand”).
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