What is the test for a stay of execution of an arbitration order?
British Columbia, Canada
The following excerpt is from Range v. Bremner, 2003 BCSC 2038 (CanLII):
The section requires that the court must grant the stay if: both the applicant and the respondent are parties to the agreement; the claims being advanced in the legal proceedings are “in respect of a matter agreed to be submitted to arbitration”; no steps in the legal proceedings have been taken by the applicant (other than that an applicant may make an application before or after entering an appearance); and the arbitration agreement is not void, inoperative or incapable of being performed: Swanson v. Mitchell Bay.
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