Is this an abuse of process?

British Columbia, Canada


The following excerpt is from Morriss v. Cuttler, 2010 BCSC 1288 (CanLII):

The Festing defendants also applied to dismiss the action pursuant to Rules 19(24) and Rule 18A. For the reasons that I have expressed in relation to the applications of the lawyer defendants and the Prism defendants, this action is an abuse of process. The Festing defendants refer to Babavic v. Babowech, [1993] B.C.J. No. 1802 where the court stated at para. 18: The categories of abuse of process are open. Abuse of process may be found where proceedings involve a deception on the court or constitute a mere sham; where the process of the court is not being fairly or honestly used, or is employed for some ulterior or improper purpose; proceedings which are without foundation or serve no useful purpose and multiple or successive proceedings which cause or are likely to cause vexation or oppression.

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