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.

Other Questions

Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
What are the reasons for a motion to dismiss a third party claim for delay? (Ontario, Canada)
What is the "plain and obvious" standard for a motion to strike third party claims as disclosing no cause of action? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (Ontario, Canada)
What is the test for granting leave to issue a third party claim? (Ontario, Canada)
When will the court award costs to a party who was more successful in settling their claim than the other party? (Ontario, Canada)
What is the test for establishing a reasonable limitation on the amount of damages a plaintiff can claim against a third party? (Ontario, Canada)
In what circumstances will the Canadian government commence a third party claim? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.