What are the requirements for a stay of execution of a motion by the Court of Appeal?
Ontario, Canada
The following excerpt is from Reynolds v. Alcohol and Gaming (Registrar), 2019 ONCA 788 (CanLII):
The three factors against which the granting of a stay is to be evaluated should not be considered in isolation, nor are they to be weighed on a mathematical basis as to whether more factors fall on one side of the decision or the other. The three requirements “are not to be considered as separate hurdles but as interrelated considerations” and the “strength respecting one criterion may compensate for the weakness of another”: see Longley v. Canada (Attorney General), 2007 ONCA 149, 223 O.A.C. 102, at para. 15.
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