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Simon Shields, Lawyer

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Appeals - Leave to Appeal to Supreme Court of Canada - Stay Pending

Cora Franchise Group Inc. v. Watters (Ont CA, 2017)

Here the Court of Appeal states the test for granting a stay of it's own ruling pending the outcome of an application for Leave to Appeal to the Supreme Court of Canada:
[8] The test for granting a stay pending an application for leave to appeal to the Supreme Court of Canada is well-established. The moving party must demonstrate that: (i) there is a serious issue to be adjudicated on its proposed appeal, including that the appeal raises an issue of public or national importance; (ii) it will suffer irreparable harm if the stay is not granted; and (iii) the balance of convenience favours granting the stay. 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: Iroquois Falls Power Corp. v. Ontario Electricity Financial Corp., 2016 ONCA 616 (CanLII), at paras. 14 and 15; Livent Inc. (Receiver of) v. Deloitte & Touche, 2016 ONCA 395 (CanLII), 131 O.R. (3d) 784, at para. 7.

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