What is the test for a motion for a stay pending appeal?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Isaac, 2014 ONLSTA 31 (CanLII):
The test to be applied on a motion for a stay pending appeal is well-settled and was not in dispute. Three criteria must be considered: namely (i) whether the appeal raises a serious or arguable issue, (ii) irreparable harm and (iii) the balance of convenience. Ultimately, the question is whether the “interests of justice” justify the issuance of a stay. Law Society of Upper Canada v. Osborne, 2013 ONLSAP 1 (CanLII).
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