What is the test for a permanent stay of a proceeding?
British Columbia, Canada
The following excerpt is from A Lawyer v The Law Society of British Columbia, 2021 BCSC 914 (CanLII):
A permanent stay of a proceeding as a remedy for an abuse of process is only appropriate in the “clearest of cases”: R v. Babos, 2014 SCC 16 at para. 31. Such cases are generally those where state conduct compromises trial fairness or where state conduct does not threaten trial fairness but risks undermining the integrity of the judicial process.
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