In Radewych v. Brookfield Homes (Ontario) Ltd., [2007] O.J. No. 2483, 158 A.C.W.S. (3d) 523 (S.C.J.), one party to the dispute was subject to an arbitration clause and another set of parties implicated in the same dispute were not subject to the [page497] arbitration clause. Gray J. decided against granting a partial stay, at para. 23: To do so would potentially delay the resolution of the entire matter, and could produce a significant duplication of resources and potentially inconsistent findings. Such a course would be contrary to the policy reflected in section 138 of the Courts of Justice Act which, simply stated, provides that "as far as possible, multiplicity of legal proceedings shall be avoided". It is preferable, in my view, that all of the various claims, against all of the defendants, be determined in one proceeding.
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