What is the test for lifting a stay of execution on a motion to lift an order that would have lifted the stay of an order requiring the lifting of the order?
Ontario, Canada
The following excerpt is from Devgan v. College of Physicians and Surgeons of Ontario, 2004 CanLII 11733 (ON SCDC):
In determining whether a stay should be lifted, the third branch of the test is the balance of convenience. Protection of the public interest is an important consideration in a determination of the balance of convenience (College of Physicians and Surgeons v. Porter, [2003] O.J. No. 540 (Div. Ct.) at paragraph 14). At the time Jennings J. made his order, he concluded that the conditions which he imposed would protect the public interest.
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