Can a motion to stop a motor vehicle accident be made before the trial of the motor vehicle owners?

Canada (Federal), Canada

The following excerpt is from Nisshin Kisen Kaisha Ltd. v. Canadian National Railway Co., 1981 CanLII 2769 (FCA):

In Miller v. Powell, supra, the owners having denied liability in the damage actions, they were carried on to judgment without any motion to have them stopped even though the petition for limitation, which included a claim to stop the actions, had been presented some two months before the trial of the damage actions.

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