When will the courts strike out a claim as an abuse of process?
British Columbia, Canada
The following excerpt is from Hoban v. Birnie, 1996 CanLII 3389 (BC SC):
These facts engage the issue of when and in what circumstances will the courts strike out a claim as an abuse of process. I am considerably assisted on this enquiry by the reasons of Baker J. in Babavic v. Babowech (September 3, 1993) Vancouver C931968.
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