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ARTICLE · 16 APRIL 2014

Bearsfield Development Inc. v Mcnabb: Canada's First Judgment On The Intersection Between The Rules Of Temporary And Permanent Stay Of Proceedings

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In the recent decision of Bearsfield Developments Inc. v McNabb, Madam Justice B. R. Warkentin of the Ontario Superior Court of Justice delivered the first judgment on the intersection between the rules of temporary and permanent stay of proceedings

CanadaLitigation, Mediation & Arbitration
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In the recent decision of Bearsfield Developments Inc. v McNabb, Madam Justice B. R. Warkentin of the Ontario Superior Court of Justice delivered the first judgment on the intersection between the rules of temporary and permanent stay of proceedings.1 Parties considering bringing forth a motion of a temporary stay (suspension) of proceedings should take note of this decision in order to avoid unnecessary cost ramifications.

Facts

The former employers (the "Plaintiff") of Debra Ann McNabb (the "Defendant"), claimed that the Defendant embezzled $700,000 of Company funds for home improvements. It was alleged that the Defendant then sold the property and used the proceeds to purchase a property in New Brunswick.

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