What are the elements of abuse of process?
British Columbia, Canada
The following excerpt is from Gaukel v Buksh, 2021 BCSC 1751 (CanLII):
The elements that must be established for the tort of abuse of process are: a previous court proceeding advanced against the now plaintiffs, by the now defendants; a collateral and improper purpose for that previous proceeding; an overt act in furtherance of the collateral and improper purpose; and damages as a result of the former plaintiff’s wrongful use of the legal process: Oei v. Hui, 2020 BCCA 214 [Oei] at paras. 5-6.
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