Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid?

Ontario, Canada


The following excerpt is from Contract Welding & Fabricating Inc. v. M.J. Jones, Inc., 2003 CanLII 45651 (ON SC):

The plaintiff points to Rule 20.08. Rule 20.08 provides that where it appears that the enforcement of a summary judgment ought to be stayed pending the determination of any other issue in the action or a counter-claim, cross-claim or third party claim, the court may so order on such terms as are just. The plaintiff argues that there is no counter-claim, cross claim or third party claim in this action, Rule 20.08 is accordingly not applicable and I should not stay the execution. In the alternative, the plaintiff disputes the defendants’ interpretation of Jones v. Kansa and argues that it would be seriously prejudiced if a stay of execution was granted because pursuant to section 132(2) of the Insurance Act an execution against the defendants must have been returned unsatisfied before it can sue the insurer.

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