What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home?
Canada (Federal), Canada
The following excerpt is from Ibrahima v. Canada (Public Safety and Emergency Preparedness), 2011 FC 607 (CanLII):
In Kerrutt v. M.E.I. (1992), 53 F.T.R. 93 (F.C.T.D.) Mr. Justice MacKay concluded that, for the purposes of a stay application, irreparable harm implies the serious likelihood of jeopardy to an applicant’s life or safety. This is a very strict test and I accept its premise that irreparable harm must be very grave and more than the unfortunate hardship associated with the breakup or relocation of a family.
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