What is the test for striking a notice of civil claim due to an abuse of process?
British Columbia, Canada
The following excerpt is from Gaucher v British Columbia Institute of Technology, 2021 BCSC 289 (CanLII):
An application to strike a notice of civil claim due to an abuse of process is a question of law regarding the legal legitimacy of the pleadings. The primary purpose of a notice of civil claim is to clearly and concisely set out the issues of fact and law to be determined in an action. A plaintiff must define each cause of action and set out a concise statement of material facts supporting each cause of action, the relief claimed, and the legal basis for the relief sought: Sahyoun v. Ho, 2015 BCSC 392 at para. 73.
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