What is the test for a motion to stay?

Ontario, Canada


The following excerpt is from CG v. North Eastern Ontario Family and Children’s Services, 2013 ONSC 118 (CanLII):

There are three components to the test to be applied on a motion to stay: (1) An assessment of the merits of the case to ensure that there is a serious issue to be tried; (2) An assessment of whether the moving party would suffer irreparable harm if the stay is not granted; and (3) An assessment as to which of the parties would suffer greater harm from the granting or the refusal of the remedy pending a decision on the merits. Sherman v. Drabinsky [1997] O.J. No. 2735.

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