I am content on this application to adopt the approach set out by Goldie J.A. in the case of Kingan v. Kingan (1995), 36 C.P.C. (3d) 326. That was an appeal in matrimonial proceedings relative to the proposed sale of a piece of property. I quote from the headnote at p. 326: The factors to be considered on an application for a stay of proceedings pending appeal were analogous to those on an application for an interim injunction. A three-stage test was to be applied by the courts when considering an application for either a stay or an interlocutory injunction. First, a preliminary assessment had to be made of the merits of the case to ensure that there was a serious question to be tried. Second, it had to be determined whether the applicant would suffer irreparable harm if the application was refused. Third, an assessment had to be made as to which of the parties would suffer greater harm from the granting or refusal of a stay of proceeding spending a decision on the merits.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.