The Martin Defendants sought a stay of action against them in favour of arbitration, relying on s.7(1) of the Arbitration Act, 1991.
The Plaintiffs opposed the motion, arguing that granting a partial stay would unreasonably bifurcate the proceedings because the fourth defendant, TDL Group Corp., was not a party to the arbitration agreements, and all claims arose from closely related facts.
The court dismissed the motion for a partial stay, finding it unreasonable to bifurcate the action and that doing so would lead to a multiplicity of legal proceedings, contrary to the policy reflected in s. 138 of the Courts of Justice Act.
