“In Canceicao v. Abraham, supra, the case of Currie v. The Halton Police Service Board, 2003 CanLII 7315, is referred to, which adopted the definition of abuse of process as follows:
“the doctrine of abuse of process engages the inherent power of the court to prevent the misuse of its procedure, in a way that would be manifestly unfair to a party to the litigation before it or would in some other way bring the administration of justice into disrepute”.
Canceicao v. Abraham also refers to Canam Enterprises Inc. v. Coles (200) CanLII 8514, which was later approved by the Supreme Curt of Canada at 2002 SCC 63, in which Goudge, J.A. wrote, “one circumstance in which abuse of process has been applied is where the litigation before the court is found to be in essence an attempt to relitigate a claim which the court has already determined”.”
Eskandari v. Rowshani-Zafaranloo, 2021 ONSC 6083 (CanLII) at 46-47