Abuse of Process as an Errors of Law

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-04-30
CLNP Page ID:	2225
Page Categories:	[Request to Review (LTB)], [Legal Principles]
Citation:	Abuse of Process as an Errors of Law, CLNP 2225, <>, retrieved on 2024-04-30
Editor:	Sharvey
Last Updated:	2023/06/28

Kingston and the Islands Boatlines Ltd. v., 2018 ONSC 2083 (CanLII)

[36] As explained in Paul M. Perell & John W. Morden, The Law of Civil Procedure in Ontario, 3rd. ed. (Toronto: LexisNexis Canada, 2017) at p. 136-7 (references omitted):

The court has an inherent and broad jurisdiction to prevent the misuse of its process that would be manifestly unfair to a party to the litigation or would in some other way bring the administration of justice into disrepute. Courts have an inherent jurisdiction to dismiss or stay an action on the grounds of abuse of process. The categories of abuse of process are not closed, and the court has the power to respond to new situations.

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The doctrine of abuse of process is a flexible doctrine whose aim is to protect litigants from abusive, vexatious or frivolous proceedings or otherwise prevent a miscarriage of justice, and its application will depend on the circumstances, facts and context of a given case.

Landlord and Tenant Board Rules

Powers of the LTB

1.6 In order to provide the most expeditious and fair determination of the questions arising in any proceeding the LTB may:

a. waive or vary any provision in these Rules and may lengthen or extend any time limit except where prohibited by legislation or a specific Rule;

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u. take any other action the LTB considers appropriate in the circumstances.

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Rule 26 - Review of Orders

26.1 Any party may request review of any order which makes a final determination of the party's rights. For these purposes an interim order may contain a final determination of rights. A person who is directly affected by a final order may also request a review of an order.

26.2 The parties to the request to review are the parties to the order, the person requesting the review, and any other person added to the proceedings by the LTB.

26.3 The LTB may review an order on its own initiative where it considers appropriate and will issue directions to the parties with respect to the conduct of the review. A party or a directly affected person cannot request an LTB initiated review of an order.

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Limits on Further Requests for Review

26.18 The LTB will not consider a further request to review the same order or to review the review order from the same requesting party.

26.19 A party or directly affected person may request a review of the same order on different grounds provided the requestor's interests in the proceeding are different from those of the first requestor.