What is the test for a stay of motion in an arbitration case?
Manitoba, Canada
The following excerpt is from Virdi, Sidhu and Bhumber v. Unicity Taxi Ltd. et al., 2005 MBQB 91 (CanLII):
Unicity also points out that Morton v. Asper, [1988] MJ No. 424, stands for the proposition that, where a matter falls within an arbitration clause, the onus falls upon the party resisting a stay to demonstrate why the court ought to exercise its discretion to deny the stay. VII. PLAINTIFFS' POSITION
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