What is the test for staying a motion against a defendant for slander?

Saskatchewan, Canada


The following excerpt is from Landa v. Travelers Insurance Company (No. 2), 1936 CanLII 152 (SK QB):

The original rule which the defendants’ solicitor asks to be applied to the facts in this case, is set forth in Hoare v. Dickson (1849) 7 C.B. 164, 18 L.J.C.P. 158, 137 E.R. 67, where the headnote [137 E.R.] reads: “Where the plaintiff in an action for slander has been nonsuited upon the merits, and afterwards brought a second action against the defendant substantially for the same supposed cause of action, though slightly varying the words charged to have been spoken—the court stayed the proceedings in the second action, until the costs of the first should have been paid.”

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