Is it an abuse of process to pursue substantially similar remedies in a civil action as were being sought in the ongoing judicial review?
British Columbia, Canada
The following excerpt is from Gemex Developments Corp. v. Coquitlam (City), 2002 BCSC 412 (CanLII):
The Court in Berscheid v. Ensign held that it was an abuse of process to pursue substantially similar remedies in a civil action as were being sought in the ongoing judicial review, and that the civil action was precluded by the doctrine of collateral attack.
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