Does the Court have jurisdiction to set aside a proceeding as an abuse of process?
Saskatchewan, Canada
The following excerpt is from Combustion Engineering Canada Inc. v. Graham Construction and Engineering (1985) Ltd., 1988 CanLII 4997 (SK QB):
There is no doubt that this court has the inherent jurisdiction to set aside a proceeding as an abuse of process. See: Gola v. Zaporanik, 1924 CanLII 161 (SK CA), [1924] 3 W.W.R. 811. In that case the court held that to issue a writ knowing that the claim had been paid in full and that therefore there was no cause of action, was an abuse of the procedure of the court.
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