What is the test for a stay of appeal?
British Columbia, Canada
The following excerpt is from Balderston v. British Columbia (Superintendent of Motor Vehicles), 2006 BCCA 138 (CanLII):
As the applicant for a stay, the appellant must demonstrate that there is some merit in the appeal, that he will suffer irreparable harm if a stay is not granted, and that the balance of convenience is in favour of a stay. (Gill v. Darbar (2003), 118 A.C.W.S. (3d) 777, 2003 BCCA 3.)
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