What is the test for abuse of process by relitigation?
British Columbia, Canada
The following excerpt is from Petrelli v. Lindell Beach Holiday Resort Ltd., 2011 BCCA 367 (CanLII):
While the plaintiffs acknowledge that they cannot rely on the doctrine of res judicata directly (because the mutuality requirement is not satisfied), they say that the expanded doctrine of abuse of process by relitigation discussed in Toronto v. C.U.P.E. encompasses the sort of claims discussed in Henderson.
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