Can a motion to strike proceed before a contempt motion is decided?

Ontario, Canada


The following excerpt is from Sakab Daudi Holding Company v. Al Jabri, 2021 ONSC 7681 (CanLII):

In Oesterlund v. Pursglove, 2015 ONSC 6145, the respondents brought two motions, to strike the applicants’ pleadings and for contempt of court. The court was required to address the sequence of the motions. The motion judge stayed the motion to strike, holding that when the contempt motion was brought, the applicant’s right not to testify and against self-incrimination were triggered and, given that the evidentiary record on both motions would be essentially the same, the applicant’s rights would be eviscerated if the motion to strike proceeded before the contempt motion was decided. The motion judge stayed the motion to strike. See Oesterlund, at paras. 16-18.

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