Abuse of Process (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-18
CLNP Page ID:	1895
Page Categories:	[Interference of Reasonable Enjoyment (LTB)], [Category:Hearing Process (LTB)]
Citation:	Abuse of Process (RTA), CLNP 1895, <>, retrieved on 2024-05-18
Editor:	Sharvey
Last Updated:	2022/03/25

TSL-73760-16-IN2 & TST-74210-16-IN2 (Re), 2017 CanLII 28587 (ON LTB)

13. The doctrine of abuse of process is relevant in this case. That doctrine has been explained in Toronto (City) v. C.U.P.E., Local 79, [2003] 3 SCR 77, 2003 SCC 63 (CanLII) as follows:

35 Judges have an inherent and residual discretion to prevent an abuse of the court’s process. This concept of abuse of process was described at common law as proceedings “unfair to the point that they are contrary to the interest of justice” (R. v. Power, 1994 CanLII 126 (SCC), [1994] 1 S.C.R. 601, at p. 616), and as “oppressive treatment” (R. v. Conway, 1989 CanLII 66 (SCC), [1989] 1 S.C.R. 1659, at p. 1667). McLachlin J. (as she then was) expressed it this way in R. v. Scott, 1990 CanLII 27 (SCC), [1990] 3 S.C.R. 979, at p. 1007:

. . . abuse of process may be established where: (1) the proceedings are oppressive or vexatious; and, (2) violate the fundamental principles of justice underlying the community’s sense of fair play and decency. The concepts of oppressiveness and vexatiousness underline the interest of the accused in a fair trial. But the doctrine evokes as well the public interest in a fair and just trial process and the proper administration of justice.

36 The doctrine of abuse of process is used in a variety of legal contexts. The unfair or oppressive treatment of an accused may disentitle the Crown to carry on with the prosecution of a charge: Conway, supra, at p. 1667. In Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307, 2000 SCC 44 (CanLII), this Court held that unreasonable delay causing serious prejudice could amount to an abuse of process. When the Canadian Charter of Rights and Freedoms applies, the common law doctrine of abuse of process is subsumed into the principles of the Charter such that there is often overlap between abuse of process and constitutional remedies (R. v. O’Connor, 1995 CanLII 51 (SCC), [1995] 4 S.C.R. 411). The doctrine nonetheless continues to have application as a non-Charter remedy: United States of America v. Shulman, [2001] 1 S.C.R. 616, 2001 SCC 21 (CanLII), at para. 33.

37 In the context that interests us here, the doctrine of abuse of process engages “the inherent power of the court to prevent the misuse of its procedure, in a way that would . . . bring the administration of justice into disrepute” (Canam Enterprises Inc. v. Coles (2000), 2000 CanLII 8514 (ON CA), 51 O.R. (3d) 481 (C.A.), at para. 55, per Goudge J.A., dissenting (approved [2002] 3 S.C.R. 307, 2002 SCC 63 (CanLII))). Goudge J.A. expanded on that concept in the following terms at paras. 55-56:

The doctrine of abuse of process engages the inherent power of the court to prevent the misuse of its procedure, in a way that would be manifestly unfair to a party to the litigation before it or would in some other way bring the administration of justice into disrepute

14. The court’s comments echo the SJTO common rules and the Board’s Rules of Practice. I find that the Tenant’s refusal to follow the Board’s procedural directions undermines the Board’s integrity and proper administration of its hearings. This behaviour is an abuse of process.

James v. Da Fonte, 2004 CanLII 10851 (ON SCSM)

The Court finds the plaintiffs and their children were wrongfully evicted and they are entitled to whatever damages they suffered as a result.

...

The Court now turns to general damages. The Court notes the claim was brought by Linda James and Radcliffe James on their own behalves and not on behalf of the four children. The Court understands the daunting task it can be to a layperson to bring an action on behalf of minors but the Court is not at liberty to make an award in favour of those who are not litigants. Having regard to the extensive and ongoing negative impact on the plaintiffs of the wrongful eviction an assessment and allowance of $2,500. for these general damages is reasonable.