Carter Liebzeit

1 month ago | mondaq.com | Michael Weinstein |Carter Liebzeit

A recent decision of the Supreme Court of Canadasummarizes the legal test for the concept of abuse of process andclarifies how that test should be applied in the context of claimsby Indigenous litigants. "Abuse of process" is a flexible and discretionarylegal concept. Superior courts such as the Manitoba Court ofKing's Bench have the inherent jurisdiction to strike ordismiss legal claims that are abusive of the Court's process.