“The effect of the stay is significant. It bars completely their access to the court — a right that is not to be lightly interfered with,” wrote Justice Robert Leurer.Article content
Leurer said there is no reason why the court should rule in favour of the class action over the original lawsuit.He said although the stay was meant to be temporary and would have expired after certification was decided, it may have lead to a lengthy delay. “This is not a situation where that party can be said in any way to be seeking to abuse the court’s processes by pursuing an individual action in the face of a proposed class action.”Article content
It names as defendants the truck driver, the Calgary-based company that employed him, the bus company and the Saskatchewan government.Other lawsuits related to the crash were also filed. But John Rice, a Vancouver lawyer working on the class action, has previously said their representatives agreed not to bring the cases forward until after a certification hearing.Article content“There are many circumstances in which, in the balancing of the competing interests, they are permitted.
Source: Law Daily Report (lawdailyreport.net)
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