What is the test for a stay of execution of an application for leave and judicial review?
Canada (Federal), Canada
The following excerpt is from Jayasundararajah v. Canada (Public Safety and Emergency Preparedness), 2010 FC 1169 (CanLII):
Because the grant of a stay will give the Applicants the relief they seek on their application for leave and judicial review, that is, their non-removal to Sri Lanka, the gauge of serious issue is not simply whether the serious issue raised is not frivolous or vexatious but rather the Applicants’ must “put forward quite a strong case” (see Baron v. Canada (MPSEP), 2009 FCA 81 at para. 66 and 67).
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