Can interim relief be refused on the grounds that the underlying litigation raises a serious issue?
Canada (Federal), Canada
The following excerpt is from Thamotharampillai v. Canada, 1999 CanLII 7587 (FC):
It was not contested that the test for determining whether the underlying litigation raises a serious issue is easily satisfied. Interim relief should be refused on this ground only when sought in support of proceedings that are manifestly without merit: Shchelkanov v. Minister of Employment and Immigration (1994), 76 F.T.R. 151 (F.C.T.D.)
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