The moving party sought leave to appeal an order staying its Ontario proceedings to realize on security, pending the outcome of related litigation in New York.
The motion judge had found that the controlling mind of the moving party was also the controlling mind of a joint venture partner accused of misappropriating funds in the New York action.
The Divisional Court dismissed the motion for leave to appeal, finding no conflict with prior decisions and no good reason to doubt the correctness of the motion judge's exercise of discretion to stay the proceedings.
