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The Ontario Court of Appeal has ruled that, in the case of a "requirement to pay" under the Income Tax Act (Canada) that was issued after a notice of application to appoint a receiver (but before the court heard the application), supported by an ex parte "jeopardy order" issued by the Federal Court of Canada under s. 225.1(1) of that Act, [60 ...
The Ontario Court of Appeal has ruled that, in the case of a "requirement to pay" under the Income Tax Act (Canada) that was issued after a notice of application to appoint a receiver (but before the court heard the application), supported by an ex parte "jeopardy order" issued by the Federal Court of Canada under s. 225.1(1) of that Act, [70 ...
any proceedings against the debtor company, while negotiations are held to secure a compromise or arrangement with creditors and shareholders. The court may extend the protection for any period it sees fit. [32] A stay may be lifted upon application to the court, but only in very restricted circumstances:
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
The court found that the provisions of the act infringed upon the section 2(b) rights of both candidates and electors. However, on appeal, the Court of Appeal for Ontario stayed the decision of the lower court, and a year later, it ruled that the provisions were constitutional. Subsequently, the City of Toronto appealed to the Supreme Court of ...
Stays of proceedings can also take place in the absence of a Charter violation. For example, the familiar "defence" of entrapment is neither a true defence nor necessarily a Charter breach. When entrapment is successfully established, the proceedings are deemed to be an "abuse of process" for which the remedy is a stay of proceedings.
The courts may also exercise inherent jurisdiction to control their own processes, but inherent jurisdiction cannot be exercised so as to conflict with a statute or rule. As a result, if a process has been contemplated by the civil procedure a court does not have the authority to alter or dispense compliance with that process.
The Federal Courts Act, and the concurrent Federal Courts Rules govern any application for judicial review in the federal courts. The source of this power can be found in s. 28 of the Federal Courts Act, which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals. In ...