Nova Scotia Annotated Civil Procedure Rules
Part 17 - Administration
Rule 88 - Abuse of Process
Educational Notes
This Rule provides a procedure for controlling abuses of the court’s process and allows for a wide range of remedies, including dismissal or judgment, a stay, indemnification, striking or amending a pleading, expunging or sealing an affidavit, or an injunction. Vexatious litigants may be restrained from commencing further proceedings without permission of the court (R.88.02). Rule 88.05 allows the court to determine whether a claim amounts to an abuse of process before the rest of the claim is determined.
Rule 88 makes clear that unsustainable pleadings should be challenged under Rule 13 – Summary Judgment, rather than as an abuse of process.
88.01 - Scope of Rule 88
88.01 Scope of Rule 88
(1) These Rules do not diminish the inherent authority of a judge to control an abuse of the court’s processes.
(2) This Rule does not limit the varieties of conduct that may amount to an abuse or the remedies that may be provided in response to an abuse.
(3) This Rule provides procedure for controlling abuse and allows for an injunction to stop an abusive litigant from bringing proceedings in the future without permission of a judge.
- Controlling abuse of court's processes
- Injunction to control abusive litigant