Simon's Legal Resources

Family - Stays

. Unoh v. Agboola

In Unoh v. Agboola (Div Court, 2023) the Divisional Court considered a stay, here in family law proceedings:

Guiding Principles – Order to Stay

[38] Rule 2 specifies that the primary objective of the Rules is to enable the court to deal with cases justly. In dealing with a case justly, the court is required to:

a. Ensure that the procedure is fair to all parties;

b. Save time and expense;

c. Deal with a case in ways that are appropriate to its importance and complexity; and

d. Give appropriate court resources to the case while taking account of the need to give resources to other cases.

[39] The Rules must be applied in a way that promotes the primary objective which involves active case management by the court. Parties and their lawyers are required to assist the court in promoting the primary objective.

[40] Section 106 of the Courts of Justice Act, R.S.O. 1990, c. C-43, as amended (the “CJA”), allows a court to stay a proceeding on such terms as are considered just. The court’s mandate under rule 2(5) to take active management of cases will occasionally require consideration of the courts power to stay proceedings under section 106 of the CJA.