Barrister and Solicitor
Legal Writing and Research
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:
 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; 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.
b) it will suffer irreparable harm if the stay is not granted; and
c) the balance of convenience favours granting the stay.