What is the test for establishing a balance of convenience in the favour of an applicant?
Canada (Federal), Canada
The following excerpt is from Khosa v. Canada (Citizenship and Immigration), 2010 FC 83 (CanLII):
A serious issue, in and of itself, demonstrating irreparable harm, does not establish a balance of convenience in the applicants favour. Each of the tri-partite tests must be established individually (Daniel, above, at paras. 29-31; Ahmed v. Canada (Solicitor General), 2004 FC 686, 131 A.C.W.S. (3d) 304 at para. 4).
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