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178 (1) A dispute must not be referred to arbitration under section 177(1) or (2) once a court proceeding has been commenced in relation to the same dispute.

  • (2) A court having jurisdiction may hear a dispute that has been referred to arbitration, but a party to the arbitration may apply to the court for an order to stay the court’s proceedings.
  • (3) On an application for a stay under subsection (2), the court must stay its proceedings unless the court is satisfied there is good reason to continue its proceedings.
  • (4) In determining whether to stay its proceedings, the court may consider all of the following:
  • (a) the legal and factual complexity of the dispute;
  • (b) the suitability of the intended arbitrator;
  • (c) the comparative expense and delay of the court proceedings and the arbitration;
  • (d) the interests of any other parties;
  • (e) the likelihood that all the parties to the arbitration will cooperate to do all things necessary for the proper conduct of the arbitration;
  • (f) any other matter the court thinks proper.

1998-43-178, effective July 1, 2000 (B.C. Reg. 43/2000); 2009-17-29, effective December 11, 2009 (B.C. Reg. 312/2009).