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.

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