Tuesday, December 17, 2013

Stay of civil proceedings on Court's own motion to be granted rarely

Yaiguaje v. Chevron Corporation, 2013 ONCA 758:

[54]   While s. 106 of the CJA entitles the court to grant a stay on its own motion, the circumstances under which it may appropriately do so are rare.   As stated by Epstein J. inGruner v. McCormack (2000), 45 C.P.C. (4th) 273 (Ont. S.C.J.), at para. 30,

To justify a stay, the defendant must satisfy the court that a continuance of the action would work as injustice because it would be oppressive or vexatious or an abuse of the process of the court and that the stay would not cause an injustice to the plaintiff.

[55]   In my view, the onus should be equally high, and should be applied perhaps even more stringently, when, as here, a stay has not been requested.  This is particularly true in the context of a recognition and enforcement action: see 1247902Ontario Inc. v. Carlisle Power Systems Ltd., [2003] O.J. No. 6300.

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