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Court sets out abuse of process 'road map'

Thursday, October 13, 2016 @ 8:00 PM | By Ann Macaulay

A chambers judge’s ruling against a man whose invasion of privacy civil action was struck on the grounds of res judicata (issue estoppel) and abuse of process has been unanimously upheld by the Court of Appeal for British Columbia, helping to clarify the rules surrounding abuse of process.

Justice Elizabeth Bennett, on behalf of Chief Justice Robert Bauman and Justice Mary Newbury, wrote that chambers judge Randall Wong was correct in striking the pleadings and ordering special costs in Gonzalez v. Gonzalez 2016 BCCA 376. “The...