What is the test for an abuse of process claim?
British Columbia, Canada
The following excerpt is from Lawrence v. Sandilands, 2003 BCSC 211 (CanLII):
When determining whether proceedings constitute an abuse of process, the court may consider whether the court process is being used dishonestly or unfairly, or for some ulterior or improper purpose. It may also consider whether there have been multiple or successive related proceedings that are likely to cause vexation or oppression (Babavic v. Babowech, [1993] B.C.J. No. 1802 (BCSC)).
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