Is finality a constituent element of the doctrine of abuse of process as it relates to relitigation?
British Columbia, Canada
The following excerpt is from British Columbia (Director of Civil Forfeiture) v Sanghera, 2017 BCSC 1519 (CanLII):
In this Court in Lougheed Estate v. Wilson, 2012 BCSC 169 at para. 86, Dardi J. wrote, “as with issue estoppel, the requirement of finality is a constituent element of the doctrine of abuse of process as it pertains to relitigation”. However, Dardi J. establishes that principle of law by relying on authorities that establish that finality is a constituent element of issue estoppel. Dardi J. said:
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