What is the test for a stay of an application by the respondent in the Superior Court of Justice?
Saskatchewan, Canada
The following excerpt is from Dunwoody & Co. v. Thiessen, 1988 CanLII 5026 (SK QB):
This is, of course, not a “Scott v. Avery (5 H.L.C. 811)” submission. The onus is on the respondent to persuade the court that there is sufficient reason to exercise its discretion against the granting of the stay. For the reasons set out in the immediately preceding paragraph, cumulatively considered, and in all the circumstances before me, I exercise my judicial discretion against granting the application and ordering a stay of this action.
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