The plaintiff, Shawn Balla, brought a motion to lift the stay of his action imposed by section 17 of the Crown Liability and Proceedings Act.
The motion was heard on January 7, 2025.
The court found that Balla met the test for leave under subsection 17(7) of the Act, establishing both good faith and a reasonable possibility of success in his claim of bad faith against certain defendants.
The court granted leave against those defendants who wrote "responsive" on the Health Care Observation Forms, allowing the action to proceed against them, and provided directions for further disclosure and amendment of the statement of claim.
