What is the test for an application for a conditional discharge from an employment tribunal?
Canada (Federal), Canada
The following excerpt is from Bar v. Canada (Minister of Citizenship and Immigration), 2004 FC 129 (CanLII):
In order to be successful, the applicant must show that there is a serious issue to be tried, that he could suffer irreparable harm and that the balance of convenience favours him (Toth v. Canada (Minister of Employment and Immigration) (1988), 1988 CanLII 1420 (FCA), 6 Imm. L.R. (2d) 123 (F.C.A.).
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