There is no question, in light of r. 20.08, that the court has the discretion to stay enforcement of the judgment. In Miller v. Wang, 2018 ONSC 7668, at para. 27, McKelvey J. listed a number factors that may properly be considered when deciding whether to exercise the discretion to stay enforcement of a summary judgment granted in the face of an ongoing third- party claim. They include: (a) The connectedness of the issues in the main and third party actions; (b) Any risk of inconsistent findings in the third party action; (c) The merits of the third party action; and, (d) The balance of prejudice.
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