Simon's Megalomaniacal Legal Resources

Abuse of Process

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BACKGROUND

Understanding Abuse of Process

Abuse of Process Dicta - General
Abuse of Process Dicta - Purpose
Abuse of Process Dicta - Definitions

Abuse of Process Dicta - Contrasted with Issue Estoppel and Res Judicata
Abuse of Process in Relation to Other Doctrine (+) (Dicta)

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STATUTES [20 Apr 2025]

There is no particular Ontario statute that 'abuse of process' can call home, but it is located significantly in the CJA, the RCP and the SPPA. This Ontario "abuse of process" search reveals 24 usages of the phrase "abuse of process" in the Ontario Statutes and Regulations. This is a similar federal "abuse of process" search.

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CASES

ADMINISTRATION OF JUSTICE INTO DISREPUTE
Abuse of Process Dicta - Administration of Justice into Disrepute

ADMINISTRATIVE (includes 'Delay')
Abuse of Process Dicta - Administrative (+) [SPPA s.23(1)]

APPEALS
Abuse of Process Dicta - Standard of Review

BREACH OF COURT ORDERS
Abuse of Process Dicta - Breach of Court Order

CASE MANAGEMENT
Abuse of Process Dicta - Case Management

CLASS ACTIONS
Abuse of Process Dicta - Class Action

COSTS
Abuse of Process Dicta - Costs

CRIMINAL PROCEDURE
Abuse of Process Dicta - Criminal Procedure (+)

DELAY, CIVIL COURT
Abuse of Process Dicta - Civil Court Delay

FAMILY LAW
Abuse of Process Dicta - Family Law

MULTIPLICITY OF PROCEEDINGS
Abuse of Process Dicta - Multiplicity of Proceedings

PATENTS
Abuse of Process Dicta - Patents

RE-LITIGATION
Abuse of Process Dicta - Re-litigation

REMEDIES, GENERALLY
Abuse of Process Dicta - Remedies

RESIDENTIAL TENANCIES
Abuse of Process Dicta - Automatic Stay under the RTA
Abuse of Process Dicta - Remedial Route: LTB or Court

RULES OF CIVIL PROCEDURE
Abuse of Process and the Rules of Civil Procedure (Dicta)

SETTLEMENTS - ADVISING PROMPTLY OF PARTIAL SETTLEMENTS (Handley)
Abuse of Process Dicta - Handley Estate (+)

SETTLEMENTS, 'NO CLAIMS OVER'
Abuse of Process Dicta - 'No Claims Over' Settlement

SPOLIATION OF EVIDENCE
Abuse of Process Dicta - Spoliation

STAYS, AS REMEDY
Abuse of Process Dicta - Stay Remedy

TORT
Abuse of Process as a Tort (#) (Dicta)

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Abuse of Process - Working [20 Apr 2025]

>>>>>>>>>> TOPIC TYPE

. a 'legal principle'


>>>>>>>>>> SUMMARIES (blurbs to-be)

. this already has a posted 'understanding file'


>>>>>>>>>> CASES

. current


>>>>>>>>>> STATREGS

. no home statutes, but Ont and Cda full statreg searches posted


>>>>>>>>>> SIMON'S POLITICS

'Abuse of process' is a relatively new doctrine, very similar to the also new vexatious and frivolous 'doctrine' though abuse of process MAY have originated from the common law, while f&v is statutory in origin.

It's a reactive doctrine, reacting to the perceived over-burdening of the courts by trivial litigation. It relates closely to /presentation (ie. self-presenters).