Can the doctrine of abuse of process be relied upon by persons who were not parties to the previous litigation?
Ontario, Canada
The following excerpt is from Hartmann v. Amourgis, 2008 CanLII 29106 (ON SC):
In Canam Enterprises v. Coles, supra, Mr. Justice Finlayson noted, at para. 31, that the doctrine of abuse of process can be relied upon by persons “who were not parties to the previous litigation, but who claim that if they were going to be sued they should have been sued in the previous litigation.”
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