CIVIL PROCEDURE - Powers of appellate court - Substituting own judgment - Disposition without trial - Stay of action

Law360 Canada ( October 23, 2026, 9:44 AM EDT) -- Appeal by Erickson, Soucy and Hutchinson (plaintiffs) from a decision granting a permanent stay of their proposed class action. The lawsuit alleged the systemic abuse of attendees of an independent school and church operated by Mile Two Church Inc. (Mile Two) in Saskatoon. Before statements of defence were filed or a certification application was served, the plaintiffs entered into settlement agreements with three individual defendants. The plaintiffs did not disclose the existence of these settlements to the non-settling defendants until some months later, when a demand was made. The judge found that the plaintiffs’ failure to immediately disclose the terms of the settlement agreements gave rise to an abuse of process. The plaintiffs argued that the immediate disclosure rule was not the law of this province and therefore the judge erred in finding that they abused the court’s processes. They submitted that, even if an abuse of process occurred, a stay of their action was not an appropriate remedy....
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