What is the test for a stay of execution of an emergency order to temporarily suspend an order that would have prevented the application from entering into the United States?
British Columbia, Canada
The following excerpt is from Raeisi v British Columbia (Superintendent of Motor Vehicles), 2017 BCSC 1828 (CanLII):
The three-part test for granting a stay is set out in RJR-McDonald v. Canada, 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311: first, is there a serious issue to be tried; second, will the applicant suffer irreparable harm if the order is not granted; and third, does the balance of inconvenience favour the granting of the order. Background
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