The defendants moved to stay a civil action and an Environmental Review Tribunal (ERT) proceeding, arguing that concurrent proceedings alongside an Ontario Court of Justice (OCJ) prosecution for by-law infractions would prejudice their right to a fair trial and against self-incrimination.
The court temporarily stayed the civil action to avoid duplicative proceedings, noting the plaintiff's undertaking not to seek double recovery.
However, the court dismissed the motion to stay the ERT proceeding, finding that existing statutory protections and undertaking rules were sufficient to protect the defendants' rights in the OCJ prosecution.
