The moving parties (Sprott Parties) sought to stay the responding parties' (Penfound Parties) claims as an abuse of process after discovering the responding parties had unauthorized access to and reviewed privileged emails and documents belonging to the moving parties.
The court found that the responding parties obtained access to confidential and privileged information and failed to rebut the presumption of prejudice.
Concluding that allowing the action to proceed would be manifestly unfair and bring the administration of justice into disrepute, the court permanently stayed the responding parties' claims.