In what circumstances have abuse of process been applied to terminate a third party claim?
Ontario, Canada
The following excerpt is from NAJAFI V. SHAPRIO, 2016 ONSC 3318 (CanLII):
One circumstance in which abuse of process has been applied is where the litigation before the court is found to be in essence an attempt to relitigate a claim which the court has already determined. See Solomon v. Smith, supra. It is on that basis that Nordheimer J. found that this third party claim ought to be terminated as an abuse of process.
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