The defendants brought a motion to stay the plaintiffs' personal action for fraudulent misrepresentation and oppression, arguing it was barred by res judicata and issue estoppel due to a prior ruling denying leave to commence a derivative action.
The court dismissed the motion to stay under the Rules of Civil Procedure, finding the prior ruling did not determine personal rights or make binding findings of fact.
However, the court granted a stay under section 106 of the Courts of Justice Act pending the plaintiffs' appeal of the derivative action ruling, to prevent duplication of resources and inconsistent results.
