Does the issue of abuse of process apply to abuse of power?
Canada (Federal), Canada
The following excerpt is from Smart v. Canada (Attorney General), 2008 FC 936 (CanLII):
In contrast, the issue in this case involves the application of the law relating to abuse of process to the particular facts of this case. This is a question of mixed fact and law: see Sheriff v. Canada (Attorney General), [2005] F.C.J. No. 399, 2005 FC 305.
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