Is a stay of proceedings a discretionary remedy?
Yukon, Canada
The following excerpt is from R. v. Unterschute, 2004 YKSC 7 (CanLII):
Finally, it is well established that a stay of proceedings is a discretionary remedy. As stated in Elsom v. Elsom, 1989 CanLII 100 (SCC), [1989] 1 S.C.R. 1367, at p. 1375: … [An] appellate court will be justified in interfering in a trial judge’s exercise of his discretion only if the trial judge misdirects himself or if his decision is so clearly wrong as to amount to an injustice.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts interpreted the meaning of the word “proceeding” in the context of the English Limitation Act? (Yukon, Canada)
What is the test for finding a claimant entitled to a remedy for unjust enrichment? (Yukon, Canada)
When will a set-off be set off in a family proceeding? (Yukon, Canada)
How have the courts interpreted the constructive trust remedy in a family law case? (Yukon, Canada)
What is the applicable standard of review for an appeal from a discretionary order? (Yukon, Canada)
What is the test for incorporating a document in a statement of claim? (Yukon, Canada)
What is the test for a provisional order under section 17.1 of the Divorce Act, s. 18(2) and 17(17.1(1) to vary support? (Yukon, Canada)
What is the impact of the "historic trade-off" emphasized by defendants’ counsel? (Yukon, Canada)
Is a plaintiff entitled to full indemnity and special costs as indemnity? (Yukon, Canada)
Is there a common law common law duty of care? (Yukon, Canada)
