The court dismissed the respondents’ motion to stay an application brought by Halton Healthcare Services Corporation, finding that there was no binding agreement to arbitrate, that the respondents had taken substantive steps in the litigation, and that they had moved with undue delay in seeking a stay.
The decision interprets the requirements for a stay under section 7 of the Arbitration Act, 1991, and applies recent appellate and Supreme Court authority on the prerequisites for a stay and the effect of participation in litigation.