In what circumstances will a tenant be able to bring a claim against his landlord alleging abuse of process?
Ontario, Canada
The following excerpt is from Poulton v. Metropolitan Toronto Shinglers Association, 2008 CanLII 37615 (ON SC):
In Poulos v. Matovic, [1989] O.J. No. 220 (L.S.C.J.), a tenant sued his landlord alleging abuse of process. The landlord had brought a proceeding claiming possession. The plaintiff alleged the motivation was to intimidate the tenant. The court dismissed the claim with this observation: The proceedings taken by the landlord have, as one of their objectives, the legal recognition of the landlord’s claim to possession. That the legal steps brought for a legitimate purpose by the landlord may have the effect also of antagonizing, impoverishing or intimidating the tenant is, in my view, not enough to justify a claim based on an abuse of process. Any law suit may have that effect on a party.
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