What is the burden of a stay of proceedings application?
British Columbia, Canada
The following excerpt is from R. v. Adams, 2013 BCSC 828 (CanLII):
In a stay of proceedings application, the burden is on the applicant to show on a balance of probabilities that there has been a violation worthy of the relief requested; R v. Salmon, 2011 ONSC 3654 at para 127, aff’d 2013 ONCA 203.
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