In what circumstances will a defendant have to pay the costs of an abuse of process counterclaim?
British Columbia, Canada
The following excerpt is from Jawanda et al v. Jawanda et al, 2005 BCSC 1721 (CanLII):
In Trinh v. Chan, [1998] B.C.J. No. 720 (B.C.S.C.) the defendant failed to meet the necessary test to succeed on an abuse of process counterclaim. At paragraph 6, Mr. Justice Brenner (as he then was) noted that “there was also a significant amount of court time consumed on an issue related solely to the counterclaim” and concluded at paragraph 12: In the case at bar, the time spent at trial on evidence and submissions relating to the counterclaim and the serious nature of that claim make it appropriate to make an order that each party bear their own costs. Order accordingly.
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