What is the test for determining whether a preliminary application should proceed?
British Columbia, Canada
The following excerpt is from Halliday v Shaw Communications Inc., 2019 BCSC 2251 (CanLII):
Where the parties disagree on whether another application should proceed on a preliminary basis, the tension between the parties’ competing interests and objectives is resolved through a “sequencing hearing”. This tension was described by Bauman C.J., as he then was, in Watson v. Bank of America Corporation, 2012 BCSC 146 at para. 3:
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