What is the test to stay a court order?
Ontario, Canada
The following excerpt is from Children's Aid Society of the Districts of Sudbury and Manitoulin v. S.B., 2006 CanLII 14961 (ON SC):
There are three components to the test to be applied when considering whether or not to stay a court order: (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 applicant would suffer irreparable harm if the stay is refused; 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. See Sherman v. Drabinsky [1997] O.J. No. 2735.
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