Can a motion to stay a summary judgment against Puddy Bros. Ltd. be stayed?

The court in Cuddy Foods Products v. Puddy Bros. Ltd. [2002] O.J. No. 3181, (2002), 35 C.P.C. (5th) 159 (S.C.J.) held that it would be inequitable in the exercise of the court’s jurisdiction to grant a stay of the summary judgment because (a) the nature of the parties as vendor and purchaser in the transaction giving rise to the plaintiff’s claim was separate from the parties contractual relationship involving a different product line, (b) the absence of any complaint as to the product sold being the subject of the summary judgment and (c) the apparent strength of the counterclaim did not exceed the apparent strength of the defence thereto.