What is the test for a stay of execution of an application for a motion to prevent the application from being heard in the Superior Court of Justice?
British Columbia, Canada
The following excerpt is from Sargeant v Worldspan Marine Inc., 2017 BCSC 1153 (CanLII):
The Court’s jurisdiction to grant a stay, either under s. 8(2) of the Law and Equity Act, R.S.B.C. 1996, c. 253, or pursuant to its inherent jurisdiction, must be exercised cautiously, taking into account all relevant factors and the potential prejudice the parties would incur if the stay is granted or refused: Peh v. Strata Plan LMS 3837, 2008 BCSC 291 (CanLII) at para. 62.
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