PRACTICE
Stay of Proceedings
Motion by defendants for stay of proceedings under Federal Courts Act, R.S.C., 1985, c. F-7, s. 50.1 on ground Crown wished to institute third party proceedings against Dow Chemical Company, Monsanto Company in respect of which Federal Court lacks jurisdiction—Underlying proceeding proposed class action by plaintiffs claiming injuries from defendants’ spraying of chemicals manufactured by Dow, Monsanto—Crown genuinely intending to commence third party proceedings against Dow, Monsanto—Federal Court without jurisdiction to hear, determine third party claims herein—Federal Courts Act, s. 50.1 constitutional, making granting of stay mandatory.
Dobbie v. Canada (Attorney General) (T-1193-05, 2006 FC 552, Kelen J., order dated 3/5/06, 22 pp.)