Can a motion to stay a motion for a stay of motion in the absence of any other litigation certified as a class action in any other province under which the present plaintiffs and the members of the class which they seek to represent can have their claims adjudicated?
Saskatchewan, Canada
The following excerpt is from Englund v. Pfizer Canada Inc., 2006 SKQB 6 (CanLII):
In the absence of any existing litigation certified as a class action in any other province under which the present plaintiffs and the members of the class which they seek to represent could have their claims adjudicated, I am not prepared to grant the requested stay. By so finding I do not necessarily suggest that such a stay would be available even if the sub-classes of the certified class action in another province were sufficiently broad to include the Saskatchewan claimants.... He also approved Mercer J.’s conclusion in Pardy v. Bayer Inc., 2003 NLSCTD 109 (CanLII), 2003 NFSCTD 109, 229 Nfld. & P.E.I.R. 242, to the effect that continuation of multiple proceedings in different jurisdiction by the same counsel do not render the continuation of one of such actions an abuse of process or otherwise warrant a stay thereof.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a multi-defendant class action be certified if there is no cause of action against each defendant? (Saskatchewan, Canada)
What is the test for a motion to amend the terms of a motion where a plaintiff’s claim is invalid? (Saskatchewan, Canada)
Can a preliminary motion in a class action be heard at the same time as the certification motion? (Saskatchewan, Canada)
In what circumstances will a plaintiff be permitted to amend his statement of claim to include an amendment to the original claim? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
What is the difference between a plaintiff and plaintiff in a motor vehicle accident claim for medical attention? (Saskatchewan, Canada)
What is the range of penalty for a Member of the House of Representatives who forged affidavits in support of motions to extend the time period for making certain applications in a family law proceeding? (Saskatchewan, Canada)
Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced? (Saskatchewan, Canada)
In a personal injury action, is there any case law where a defendant admitted the allegations in the statement of claim and submitted to the relief claimed? (Saskatchewan, Canada)
If damages are only sought for in England, can a plaintiff bring an action for criminal conversation in this province? (Saskatchewan, Canada)
