PRACTICE |
Stay of Proceedings |
Charalambous v. Canada
T-1715-03
2004 FC 4, Hargrave P.
5/1/04
3 pp.
Motion for Federal Courts Act, s. 50.1 stay on basis Crown intending to institute British Columbia Supreme Court third-party proceeding against their independent contractor and provider of physician's services, Dr. Alan Moore--Crown must establish that it desires to institute third-party proceeding in respect of which Federal Court lacks jurisdiction--Crown's claim for breach of contract and thus founded on provincial law and therefore beyond Federal Court's decision--Crown presented no prima facie case for claiming over against Dr. Moore in negligence or for breach of contract--To stay action on pretext Dr. Moore erred would be unjust given vague and unparticularized evidence Crown desires to commence third-party proceedings against Dr. Moore--Motion denied-- Federal Courts Act, R.S.C., 1985, c. F-7, ss. 1 (as am. by S.C. 2002, c. 8, s. 14), 50.1 (as enacted by S.C. 1990, c. 8, s. 16; as am. by S.C. 2002, c. 8, s. 47).