What is the test for a motion to stay a motion for a stay of execution?
Ontario, Canada
The following excerpt is from Morrow v. Hitchman, 2021 ONSC 5473 (CanLII):
As I wrote in Spadacini-Kelava v. Kelava, 2020 ONSC 3277 at para. 48: Extrapolating from the B.(K.) case, it appears that the greater the concerns raised regarding a child's physical or emotional welfare in a stay application, the more that the issue of irreparable harm is subsumed into a best interests analysis. In that event, the moving party need only show "a reasonably perceivable risk that the child will suffer harm if the stay is not granted”.
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