Is there any case law where evidence of abuse of process was privileged?
Canada (Federal), Canada
The following excerpt is from Stacey T.A. (Captain), R. v., 2019 CM 3018 (CanLII):
However, there are some specific exceptions to this privilege. One is the evidence of the claimant’s abuse of process and here I refer to the matter of Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52 at paragraph 41. One of the exceptions to this privilege is that evidence may be provided when a party intends to claim abuse of process. Prosecutorial discretion
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