Three legal areas / Abuse of legal process

Abuse of legal process

Assessing possible abuse of legal process requires a defined procedural act, its context, party submissions, and judicial decisions. A procedural defect does not by itself establish abuse.

01

The procedural act

Record its date, stated purpose, supporting material, and alleged effect on the other party.

02

Legal framework

Examine the civil procedure rules and separately the rules governing enforcement proceedings.

03

Finding or allegation

Distinguish what a registrar or court decided from what a party alleges or remains unresolved.