S&P Global Inc. v. S&P Data Corp., 2021 FC 1304
Justice Little - 2021-11-25
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The plaintiffs appeal an Order dated April 21, 2021 made by Prothonotary Milczynski under Rule 51 of the Federal Courts Rules. ... The main issues on this appeal, and on the plaintiffs’ motion, concern abuse of process. ... In the Counterclaim, the defendant sought damages of $1 million for abuse of process in tort (para 73(c)) ... For present purposes, I distil the following from Levis Strauss, Tractor Supply FC and Tractor Supply FCA: a) Abuse of process is both an actionable tort and a “procedural” defence. b) A defendant may plead abuse of process in a Statement of Defence, in a Counterclaim, or both. To a defendant, abuse of process may be both a shield and a sword. c) The substance of the tort is the misuse or perversion of the Court’s process. The essential element of the tort is the use of the legal process for a purpose other than what it was designed to serve: a collateral, extraneous, ulterior, improper or illicit purpose. d) There is no tort of abuse of process if a litigant “employs the regular legal process to its proper conclusion, even with bad intentions”. e) The metes and bounds of pleading abuse of process in tort or as a procedural defence are not well settled in the Federal Courts.
Decision relates to:
- T-542-20 - S&P GLOBAL INC. ET AL. v. S&P DATA CORP.