What is the test for opposing a stay of execution?
Nova Scotia, Canada
The following excerpt is from Lorneville Mechanical Contractors Ltd. v Clyde Bergemann Canada Ltd., 2017 NSSC 119 (CanLII):
At the outset, it is important to note that the onus is on a party opposing a stay to show why the court action should proceed. In Self v. Abridean Inc., et al, 2001 NSSC 91, Robertson J. stated as follows:
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