When will a court order a company to stay proceedings against O'Leary in the absence of any other party to question the validity of the instructions?
Saskatchewan, Canada
The following excerpt is from Standard Construction Co. Ltd. v. Crabb., 1914 CanLII 338 (SK CA):
It was, however, argued that the company had not repudiated the action of O'Leary in giving the instructions, and that no one else could question their validity. This contention received judicial consideration in Nurse v. Durnford, 13 Ch. D. 764, and in Geilinger v. Gibbs (1897), 1 Ch. 479; and in both of those cases the defendant's right to make the application was upheld. I am therefore of opinion that the order staying proceedings was right, and should be affirmed.
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