The plaintiff was arrested for extradition to Germany and subsequently brought a civil action against Canada and Germany for damages for negligence and abuse of power.
The Crown successfully moved for a stay of the civil action pending the outcome of the extradition proceedings.
The plaintiff appealed.
The Court of Appeal allowed the appeal, holding that the motions judge erred in principle by failing to apply the high threshold test requiring extraordinary or exceptional circumstances to justify a stay of civil proceedings when concurrent criminal proceedings are pending.
