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the court proceedings are in respect of a matter that the parties agreed to submit to arbitration; and; the party applying for a stay in favour of arbitration does so before taking any “step” in the court proceedings. A stay may be refused where an arbitration agreement is "void, inoperative or incapable of being performed":
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 ...
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:
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 Farm Debt Mediation Act provides that farmers cannot be forced into bankruptcy, but they can make a voluntary assignment. [14] [15] The Companies' Creditors Arrangement Act provides that a court may order a stay of proceedings with respect to specified large debtors, whether or not they have already been initiated. [16]
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. It was established in 1910 following the 1907 Court of Appeal Act.
R. v. Jordan [2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 ...
Kuzych v White was a series of Canadian labour law decisions from British Columbia, dealing with a membership dispute between a trade union and a member of the union. Myron Kuzych, the union member, publicly objected to the closed shop favoured by the Boilermakers and Iron Ship Builders Union of Canada (BISU).