The appellant appealed an order staying her main action after she had signed a release in settling an earlier negligence action against one participant in a dental implant procedure.
In the subsequent action against another dentist and her former lawyer, both defendants commenced third party proceedings against the settling defendant, who then obtained a stay of both the third party proceedings and the main action as an abuse of process.
The Court of Appeal held there was no proper basis to stay the main action, particularly where any reliance on the release by non-parties would require adjudication of the privity exception discussed in Fraser River.
The appeal was allowed, the stay of the main action was set aside, and the appellant was held to her undertaking not to pursue claims that could trigger contribution or indemnity claims against the released party.
