The plaintiffs commenced an action for payment under a Cost Sharing Agreement 11 years after the defendant terminated its involvement.
The plaintiffs brought a motion to stay their own action in favour of arbitration, while the defendant brought a motion for summary judgment to dismiss the action as statute-barred.
The court dismissed the plaintiffs' motion, finding they could not stay their own proceeding under the Arbitration Act or the Courts of Justice Act.
The court granted the defendant's motion for summary judgment, holding that the action was statute-barred by the two-year limitation period and that the plaintiffs were estopped by conduct and laches.
