What is the test for a stay of motion?
Canada (Federal), Canada
The following excerpt is from Commissiong v. Canada (Minister of Citizenship and Immigration), 2001 FCT 539 (CanLII):
The decision in Toth v. Canada (Minister of Employment and Immigration) (1988), 1988 CanLII 1420 (FCA), 6 Imm. L.R. (2d) 123 (F.C.A.), delineates the tripartite test that must be satisfied before a stay may be granted. It requires that: 1. the applicant demonstrate a serious issue to be tried; 2. irreparable harm will be suffered if the stay is not granted and the serious issue is ultimately resolved in the applicant's favour; and, 3. on consideration of all the circumstances of both parties, the balance of convenience favours granting the stay. Serious Issue
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