Abuse of Process as an Errors of Law

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Date Retrieved:	2024-06-18
CLNP Page ID:	2225
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Citation:	Abuse of Process as an Errors of Law, CLNP 2225, <>, retrieved on 2024-06-18
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.

….

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.