The parties, who are shareholders in corporations operating a private school, commenced competing proceedings.
The applicant commenced an application seeking a buyout of his shares or the sale of the school's assets.
The respondent commenced an action seeking a determination of the parties' rights by a jury.
The applicant moved to strike the respondent's statement of claim or stay her action, while the respondent moved to stay the application.
The court dismissed the applicant's motion, finding the statement of claim disclosed a reasonable cause of action and was not frivolous.
The court granted the respondent's motion, staying the application and directing the applicant to assert his claims by way of counterclaim in the action, preserving the respondent's substantive right to a jury trial.