Does the tort of abuse of process apply to bystanders?
Ontario, Canada
The following excerpt is from Harris v. GlaxoSmithKline Inc., 2010 ONSC 2326 (CanLII):
This second argument is wrong. There are many policy reasons against extending the tort of abuse of process to bystanders. The existing case law recognizes that the existing tort of abuse of process should be narrowly construed: Bentham v. Rothbart, [1989] O.J. No. 2967, 36 O.A.C. 13 (H.C.J.), and there are policy reasons for not recognizing a new tort of derivative abuse of process or foreseeable bystander abuse of process.
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