What is the balance of convenience of a motion for a stay of a considered decision?
British Columbia, Canada
The following excerpt is from Browns Newport Village Ltd. v. British Columbia (Liquor Control and Licensing), 2009 BCSC 1556 (CanLII):
I now turn to the third branch of the test, the balance of convenience. The respondents forcefully argue that the interest of the general public must be taken into account and they cite as authority for that proposition Birch v. British Columbia (Superintendent of Motor Vehicles), 2005 BCSC 1704. The respondents also argue that in the case of an application for an injunction sought to stop a public authority from taking regulatory action, it is the legal effect of the application and not its form that is determinative. It is argued that the Act has a safety purpose and that the court ought to assume there would be irreparable harm to the public interest if a stay of a considered decision were made.
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