Can an action be dismissed on the grounds of abuse of process?
British Columbia, Canada
The following excerpt is from Gemex Developments Corp. v. Coquitlam (City), 2002 BCSC 412 (CanLII):
Baker J. noted in Babavic v. Babowech, [1993] B.C.J. No. 1802 (Q.L.) (S.C.): The discretion afforded Courts to dismiss actions on the ground of abuse of process, extends to any circumstance in which the court process is used for an improper purpose.
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