What is the legal test for a stay of proceedings?
Prince Edward Island, Canada
The following excerpt is from D.E.M. v. J.M.M., 2010 PECA 12 (CanLII):
This statement by McMahon J.A. in Gallant v. Dennis, [1989] P.E.I.J. 161 about the rationale for denying a stay of proceedings is instructive: “An order granting a stay .... is discretionary and the successful litigant should not deprived of the fruits of the litigation until the applicant for a stay has satisfied the court of some exceptional or special circumstances to justify the stay.”
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