What are the elements of the tort of abuse of process?
Ontario, Canada
The following excerpt is from Magas v. Monette, 2002 CanLII 2663 (ON SC):
The elements of the tort of abuse of process were described by Spence J. in Metropolitan Separate School Board v. Taylor [1994], O.J. No. 1870 1 at p. 2 as follows: The tort of abuse of process is narrow in scope. The essential elements are first a collateral and improper purpose, and secondly a definite act or threat in furtherance of a purpose not legitimate in the use of the process.
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