A lender's commencement of proceedings based on a mistaken belief that a borrower is in default does not constitute the tort of collateral abuse of process where the lender's purpose was to exercise rights it believed had accrued under the loan agreement. A mortgage clause authorising service of court process at the secured property gives rise to an implied consent to enter the property for that purpose, defeating a trespass claim. Aggressive enforcement of contractual rights, even if misconceived, does not constitute actionable unconscionable conduct where the claim relates to enforcement actions rather than the underlying transaction.
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