What is the test for a stay application?
Canada (Federal), Canada
The following excerpt is from Umukoro v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 7648 (FC):
The applicant's stay application was argued on the basis of the three - pronged test of serious issue, irreparable harm and balance of convenience set out in R.J.R. MacDonald Inc. v. Canada (A.G.) (1994) 1994 CanLII 117 (SCC), 1 S.C.R. 311 and Toth v. M.E.I. [1989] 1 F.C. 536 (F.C.A.) Background
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