What is the effect of a stay of an individual action?
Ontario, Canada
The following excerpt is from Abdulrahim v. Air France, 2010 ONSC 5542 (CanLII):
Ground J. also referred to the decision of Cullity J. in Dumoulin v. Ontario, above and concluded, with respect to the claim for a stay of the individual action, at para. 39: … I accept the submissions of the Plaintiffs that the court's jurisdiction to grant a stay should be exercised sparingly and only in the clearest of cases where they [sic] would be an injustice or prejudice to the moving party if the stay is not granted. I am not satisfied that Aurelian has met this onus in the circumstances of this case at this particular time. There is no convincing evidence of injustice or prejudice to Aurelian if this action is not stayed at this time.
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