What is the test for an application under s. 18(1) of the BC's Rules of Court to prevent the habitual abuse of court processes?

British Columbia, Canada


The following excerpt is from Yang v Shi, 2020 BCSC 1857 (CanLII):

The purpose of s. 18 is to prevent the habitual abuse of court processes. The judge hearing such an application must consider the nature of past litigation conduct and whether it is likely to continue, in determining whether it should impose a gatekeeping function to control anticipated future litigation conduct. The authority should be exercised with caution, bearing in mind the right of every person to access the courts, and recognizing that such an order does not preclude access to the courts but only requires the litigant to obtain leave: Bryfogle v. Smit, 2007 BCSC 457 at para. 64, aff’d 2009 BCCA 256 [Bryfogle]; Green v. Proline Management Limited, 2017 BCSC 1656 at para. 60.

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