Appeal from a Master’s order staying an action commenced in Newmarket relating to a construction project that was also the subject of multiple lien proceedings in Toronto.
The Master had concluded that the proceedings involved overlapping facts and legal issues and ordered a stay of the entire Newmarket action pending resolution of the Toronto lien action.
The Superior Court held that the Master lacked jurisdiction to grant a stay of the separate action because such relief must be granted by a judge under the Courts of Justice Act and the Rules of Civil Procedure.
The court further found that the Master erred by granting relief beyond what was requested in the notice of motion, contrary to principles of procedural fairness.
The appeal was allowed and the stay order set aside, but the court ordered that non‑trust claims from the Newmarket action be incorporated into the Toronto lien proceedings while permitting the trust claims to proceed separately.
