What is the test for a stay of execution of a motion for a motion to overturn a finding of not guilty?
Ontario, Canada
The following excerpt is from MacLeod v Rae, 2016 ONSC 5468 (CanLII):
The test for a stay requires the satisfaction of three elements: (1) there be a serious question that the trial judgment is wrong; (2) the children will suffer irreparable harm if a stay is not granted; and (3) the balance of convenience favours a stay. The overriding consideration reflected in this three-part test is the best interests of the children and the court must be satisfied that it is in the best interests of the children to order a stay. [see Lefebvre v. Lefebvre, 2002 CarswellOnt 4325 (C.A.)]
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