What is the test for the doctrine of abuse of process in res judicata?
Ontario, Canada
The following excerpt is from AG Canada (MNR) v. GlassCell Isofab Inc., 2011 ONSC 2660 (CanLII):
The gist of the respondent’s submissions here is that the doctrine of abuse of process is a flexible one which is unencumbered by the specific requirements of issue estoppel in res judicata. The Respondent submits that even though the strict requirements of issue estoppel may not be met, the courts have applied the doctrine in holding that to allow a relitigation to proceed would “nonetheless violate such principles as judicial economy, consistency, finality and the integrity of justice.”: Toronto v. CUPE, supra, para. 37.
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