The criteria for a stay of proceedings are: 1. a successful plaintiff is entitled to the fruits of his judgment. He should not be deprived of them unless the interests of justice require that they be withheld from him until the defendant’s appeal is decided; 2. the court’s power to grant a stay is discretionary and should be exercised only where it is necessary to preserve the subject matter of the litigation or to prevent irremedial damage or where there are other special circumstances; 3. in the exercise of its discretion the court may weigh the interests of the parties, the balance of convenience and any prejudice that may arise and grant the stay on terms it considers appropriate; 4. a first step to consider on a motion for a stay is to determine whether an appeal is without merit or has no reasonable prospect of success. (Bea v. The Owners, Strata Plan LMS 2138, 2010 BCCA 463 at para. 19)
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