Does a motion of dismissal have to include cost consequences or cost consequences?
Ontario, Canada
The following excerpt is from Thelwell v. Elaschuk, 2020 ONSC 340 (CanLII):
Lauwers J.A., in Abarca v. Vargas, 2015 ONCA 4, at paras. 29-30, emphasized that even where an abuse of process is established, a motions judge must also consider whether the remedy of dismissal is proportionate and necessary given the seriousness of the abuse of process, or whether other remedies such as cost consequences may address the conduct or pleadings in question.
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