Can a judicial stay be applied in an abuse of process case?
Nova Scotia, Canada
The following excerpt is from R. v. Regan, 1999 NSCA 165 (CanLII):
While there does not appear to be a precedent for application of a judicial stay in the precise circumstances of this case, it must be borne in mind that before the advent of the Canadian Charter of Rights and Freedoms it could be judicially doubted whether the common law abuse of process doctrine remained a feature of Canadian law and whether the stay existed as a remedy. See Rourke v. R. (1977) 1977 CanLII 191 (SCC), 35 C.C.C. (2d) 129 (S.C.C.)
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