Samuel I. Nash

The appellants appealed a judgment of the Superior Court of Justice.

On consent of the parties, the Court of Appeal varied the judgment to remove the Banyan defendants, leaving the judgment solely against the remaining corporate defendant.

Costs of the appeal were awarded to the respondent in the amount of $2,000.

The defendant, a lawyer who purchased the plaintiff's legal practice, brought a motion to temporarily stay the plaintiff's breach of contract action pending the outcome of an ongoing Law Society investigation into the plaintiff.

The plaintiff's license had been suspended on an interlocutory basis.

The court dismissed the motion, finding that the Law Society's findings would likely be inadmissible, the defendant could lead independent evidence on the issues, and a stay would cause injustice by delaying the plaintiff's access to the courts.