Can the doctrine of abuse of process apply when two separate actions are brought at the same time?

British Columbia, Canada


The following excerpt is from Schlesiger Estate v. Wright, Public Guardian and Trustee of British Columbia and Surrey (City), 2015 BCSC 920 (CanLII):

In Skender v. Farley, 2007 BCCA 629, in her concurring reasons, Madam Justice Smith at para. 41 notes that the doctrine of abuse of process apply when: 1. The parties are not the same in both actions; 2. The prior judicial decision is final; 3. The second action seeks to relitigate an issue decided in the prior action; and 4. To relitigate the issue would have the effect of impugning the authority and finality of the judgment in the prior action and concerns would arise in the minds of reasonable observers about the integrity of the justice system if the judgments should be inconsistent.

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