Is a statement of claim that pleads a cause of action that is beyond the court’s jurisdiction an abuse of its process?
Canada (Federal), Canada
The following excerpt is from Edell v. Canada (Revenue Agency), 2008 FC 1306 (CanLII):
A statement of claim that pleads a cause of action that is beyond the court’s jurisdiction is an abuse of its process. Weider v. Beco Industries Ltd., [1976] 2 F.C. 739, at paragraph 4.
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