Pearson v. Canada
T-290-99
Richard A.C.J.
16/8/99
14 pp.
Appeal from Senior Prothonotary's order denying motion to strike statement of claim or transfer proceeding to courts of Quebec, granting order staying action until such time parallel criminal proceedings ongoing in Quebec finally resolved-After jury finding him guilty of four counts on indictment, plaintiff moving for stay of proceedings on ground of entrapment-Trial Judge dismissing motion-Quebec Court of Appeal overruling Trial Judge's decision, ordering new hearing on entrapment issue-Appeal based on non-disclosure to accused by defendant's servants, of material pertaining to informant who had introduced plaintiff to undercover agent-Court of Appeal holding lack of information impairing accused's decision not to call informant as witness at entrapment hearing-S.C.C. upholding C.A.'s decision-At second trial, motion for stay of proceedings based on entrapment dismissed-Appeal therefrom, raising 24 grounds of appeal, pending-Action herein seeking $13,000,000 damages based on known, willful abuse of process, malicious violations of plaintiff's Charter rights in criminal prosecution before Quebec Superior Court-Federal Court Act, s. 50(1)(b) permitting Court to stay proceedings where in interest of justice-In determining interest of justice, Court may be called upon to examine diverse circumstances and, accordingly, broad meaning must be given to phrase-In Nash v. Ontario (1995), 27 O.R. (3d) 1 (C.A.) Court stating high threshold test to be met before stay granted; should not be relaxed merely because Crown requesting stay-Applicant must show extraordinary or exceptional circumstances-Proceedings herein linked: civil action reciprocal of plaintiff's defence in criminal prosecution; determination of that matter still pending-Although relief sought in action for damages different from relief sought in criminal prosecution, plaintiff relying on same grounds in both proceedings; issue same-Ultimate issue plaintiff's claim deprived of fair trial by defendant's failure to disclose material documents, suppression of search documents-Issue first raised in criminal prosecution before Quebec courts, still pending before Quebec courts-Should first be determined there-In view of considerable overlap between issue herein and in criminal proceeding, fact that issue may be resolved in criminal proceeding, and lack of prejudice to plaintiff if civil action stayed, action before this Court stayed pending completion of criminal proceeding involving plaintiff in Quebec courts-Appeal dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 50(1)(b).