Facts: The "Tanchak Action" is a class action against the federal government of Canada and British Columbia, arising from the "Sixties Scoop" where Indigenous children were placed with non-Indigenous foster or adoptive parents from the 1950s to the 1990s, alleging breach of fiduciary duty and negligence due to failure to oversee and protect these children.

Issue: The issue is whether the Tanchak Action constitutes an abuse of process, especially in terms of overlapping claims with the national class action (the Varley Action) and whether it serves a legitimate legal purpose.

Court’s Ruling: The court denied the motion to declare the Tanchak Action an abuse of process against the Province and stayed the proceedings against Canada, stating that the claims were not wholly duplicative and had a legitimate purpose, including unique allegations and damages not covered in the Varley Action.

Costs/Damages Awarded: No special costs were awarded against Ms. Tanchak's counsel, and each party was required to bear their own legal costs, with no financial penalties or compensations granted regarding legal fees or damages.