What is the test for an application to stay a motion for a stay of execution?
Canada (Federal), Canada
The following excerpt is from Shaikh v. Canada (Citizenship and Immigration), 2007 FC 110 (CanLII):
In Kerrutt v. M.E.I. (1992), 53 F.T.R. 93 (F.C.T.D.) Mr. Justice MacKay concluded that, for the purposes of a stay application, irreparable harm implies the serious likelihood of jeopardy to an applicant's life or safety. This is a very strict test and I accept its premise that irreparable harm must be very grave and more than the unfortunate hardship associated with the breakup or relocation of a family. (My emphasis.)
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