Is abuse of process a tort or a form of malicious prosecution?
British Columbia, Canada
The following excerpt is from 311165 BC Ltd. v. Canada (A.G.), 2017 BCCA 196 (CanLII):
Abuse of process, as a tort, is available only in respect of civil proceedings. In criminal law, abuses of process may lead to public law consequences (e.g. a stay of proceedings), but unless the elements of malicious prosecution are met, no private law remedy is available. The distinct operation of the doctrines of abuse of process and malicious prosecution were discussed in Henry v. British Columbia (Attorney General), 2015 SCC 24 at para. 50:
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