What is the legal test for a motion to stay the dismissal of a claim against ICBC?

British Columbia, Canada


The following excerpt is from ICBC v. Patko et al, 2007 BCSC 743 (CanLII):

MR. POTTS: Well, My Lady, it’s open to you to grant a stay for a limited period of time so the matter can get to the court of appeal. That’s what happened in the case of ICBC v. Dragon where the court dismissed a claim as against one of the defendants, stayed the dismissal for one week to allow ICBC to get into the court of appeal, and at that point it’s up to the court of appeal as to whether or not a stay is to be granted by them. But the reason for it, My Lady, is that if the funds are paid over, our concern is that the appeal becomes moot.

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