Where a party excises claims from pleadings to obtain an expedited trial, failure to explicitly seek to 'park' those claims for future determination may result in the claims being treated as permanently abandoned. Serial commencement and discontinuance of the same liquidated claim across multiple proceedings, particularly after inter partes undertakings that the claims were being permanently removed, constitutes an abuse of process warranting a permanent stay. The controlling mind of a corporate plaintiff may be personally subject to the abuse of process finding. A permanent stay on abuse of process grounds provides a sufficient foundation for indemnity costs orders.
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