Does the doctrine of abuse of process apply to medical malpractice cases?
Ontario, Canada
The following excerpt is from T.K. v A.L.K., 2016 CanLII 82732 (ON HPARB):
28. The Ontario Superior Court of Justice observed in Deep v. The College of Physicians and Surgeons of Ontario, 2010 ONSC 5248 (CanLII)[1], that the general purpose of the doctrine of abuse of process is to bar proceedings that are inconsistent with public policy considerations, including preventing multiplicity of proceedings and inefficient use of judicial proceedings.
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