The defendants 1995636 Ontario Inc. and Lisa Bailey brought a motion seeking a stay of proceedings due to the plaintiff's alleged failure to timely disclose multiple settlement agreements with another defendant, 2495048 Ontario Inc. In the alternative, they sought severance of claims against them, arguing their involvement was discrete.
The court dismissed the motion for a stay, finding that the undisclosed agreements did not "entirely alter the landscape of the litigation" or change the adversarial position of the parties into a cooperative one.
The court also dismissed the motion for severance, determining that the test for joinder was met due to common questions of fact and law and interconnectedness between the claims across multiple properties, promoting efficiency and avoiding inconsistent judgments.
