Preet Saini

The court dismissed the respondents’ motion to stay an application brought by Halton Healthcare Services Corporation, finding that there was no binding agreement to arbitrate, that the respondents had taken substantive steps in the litigation, and that they had moved with undue delay in seeking a stay.

The decision interprets the requirements for a stay under section 7 of the Arbitration Act, 1991, and applies recent appellate and Supreme Court authority on the prerequisites for a stay and the effect of participation in litigation.

The Plaintiffs moved for approval of Pierringer settlement agreements with Third Party Defendants.

The Citibank Defendants consented to the approval but cross-moved for conditions ensuring continued discovery rights, including the right to examine Michael Yurkovich as a party.

The court approved the Pierringer agreements, imposing the condition that Third Party Defendants retain their obligations as if they remained parties, specifically granting the Citibank Defendants discovery and cross-examination rights due to the non-arm's-length relationship between the Plaintiffs and Third Party Defendants.

The appellants appealed a motion judge's order granting leave to amend a statement of claim.

The respondents moved to quash the appeal, arguing the order was interlocutory and thus the Court of Appeal lacked jurisdiction.

The court found the order to be interlocutory, confirming that appeals of such orders lie with the Divisional Court with leave, not the Court of Appeal.

The motion to quash was granted.