Injunctions - Interlocutory
Appeals - Stay Pending
Morguard Residential v. Mandel (Ont CA, 2017)
In this case the Court of Appeal restates the test for issuing a stay pending appeal, which is essentially the same as for issuing an interlocutory injunction:
 When deciding whether to grant a stay, generally, the courts are to apply the same three-stage test as they do when deciding whether to order an interlocutory injunction: RJR-MacDonald Inc. v. Canada (Attorney General), 1994 CanLII 117 (SCC),  1 S.C.R. 311, at p. 334. This test requires the court to:
1. make a preliminary assessment of the merits of the case to ensure that there is a serious question to be tried;
2. determine whether the moving party would suffer irreparable harm unless the stay were granted; and
3. determine which of the parties would suffer greater harm from the granting or refusal of the stay.
 Because a stay is a discretionary remedy, the court may also consider the “clean hands” doctrine when deciding whether to order the stay: Authorson (Litigation Guardian of) v. Canada (Attorney General), 2006 CarswellOnt 9418 (C.A.), at para. 9.