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Simon Shields, LLB

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Appeals - Stay Pending

Iroquois Falls Power Corporation v. Ontario Electricity Financial Corporation (Ont CA, 2016)

The court here restates the test for granting a stay pending appeal as follows:
[14] The test for a stay pending appeal, including a motion for leave to appeal to the Supreme Court of Canada, is well-established. For OEFC to obtain a stay pending the outcome of its leave application, it must establish the following:
a) there is a serious issue to be adjudicated on its proposed appeal;

b) it will suffer irreparable harm if the stay is not granted; and

c) the balance of convenience favours granting the stay.
[15] These three components are interrelated in that the overriding question is whether the moving party has shown that it is in the interests of justice that the court grant a stay: see BTR Global Opportunity Trading Ltd. v. RBC Dexia Investor Services Trust, 2011 ONCA 620 (CanLII), 283 O.A.C. 321, at para. 16.


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