What is the test for a stay application to stay an application at the Court of Appeal?
British Columbia, Canada
The following excerpt is from South Coast British Columbia Transportation Authority v. First Capital (Plaza Retail) Corporation, 2014 BCSC 2045 (CanLII):
It is only where it is clear that the dispute does not fall within the scope of the matters that the parties have agreed to resolve by arbitration that a court will reach a final determination on a stay application. Where it is arguable that the matter falls within the scope of the arbitration agreement, the stay should be granted and the matter left to be determined by the arbitrator. See St. Pierre v. Chriscan Enterprises Ltd., 2011 BCCA 97 at paras. 24 - 27.
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