Parties Involved:

• Sprott Parties: Continental Bank of Canada, Sprott Continental Holdings Ltd., Eric Sprott, and others.
• Penfound Parties: Continental Currency Exchange Canada Inc. (CCEC), Scott Penfound, his family, and Tracie & Company Ltd.

Consolidated Actions:

• Sprott Action (2016): Filed by Continental Bank against CCEC.
• Penfound Action (2017): Filed by CCEC and the Penfound family against the Sprott Parties.

Permanent Stay (2022):

• The Penfound Parties' claims were stayed permanently for accessing privileged documents belonging to the Sprott Parties, and they failed to rebut the presumption of prejudice.
• Appeals by the Penfound Parties to lift the stay were dismissed by both the Ontario Court of Appeal (2023) and the Supreme Court of Canada.

Motion to Lift the Stay (2024):

• The Penfound Parties moved to lift the stay and appoint F. Paul Morrison as a receiver and manager for their claims.
• The court dismissed this motion, citing issue estoppel and a lack of new, external circumstances that would justify lifting the stay.

Key Legal Issues:

• Issue Estoppel: The court found that the issue had already been decided by prior judgments, and there were no new developments that would change the initial conclusions.
• Abuse of Process: Allowing the Penfound Parties to relitigate the stay issue would undermine judicial finality and fairness.

Conclusion:

• The Penfound Parties’ motion was dismissed, and the court refused to appoint a litigation receiver as it would not remedy the unfair advantage gained by accessing privileged information.
• No monetary award specified.