What is a "serious issue" in the context of a motion seeking a stay of an order pending appeal?
Ontario, Canada
The following excerpt is from Gray v. Guerard, et al, 2014 ONSC 1252 (CanLII):
Justice Doherty defined “serious issue” in the context of a motion seeking a stay of an order pending appeal in Fiala Estate v. Hamilton [2008] O.J. No. 4653 at paragraph 15: In my view, in the context of an appeal, a “serious issue” is a ground of appeal that has a reasonable prospect of success. Certainly, the defendants need not convince me they will win the appeal, or even that they will probably win the appeal. They must, however, satisfy me that they have some reasonable prospect of success.
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