Does the court have jurisdiction or residual discretion to prevent misuse of the court’s procedure?
British Columbia, Canada
The following excerpt is from Lamb v Canada (Attorney General), 2017 BCSC 1802 (CanLII):
It is clear that courts have an inherent jurisdiction and residual discretion to prevent misuse of the court’s procedure in a way that would be manifestly unfair to a party or bring the administration of justice into disrepute: Behn v. Moulton Contracting Ltd., 2013 SCC 26 at para. 39, and Toronto, at para. 35.
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