Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process?

Pepper’s Produce discussed Vanmills Establishment v. Coles (1992), 8 C.P.C. (3d) 178 (B.C.S.C.), where the plaintiff’s claim was found to be an abuse of process because he was advancing inconsistent rights. In another action, the plaintiff had sued a former trustee in bankruptcy for negligence and breach of fiduciary duty, alleging he had suffered damage and loss arising from the sale of particular shares, including his legal and beneficial interest. In the instant action commenced against the owner of the shares, the plaintiff alleged he retained a beneficial interest. The court granted the defendant’s application to strike the claim, describing the plaintiff’s allegations in the actions as diametrically opposed.