What is the test for an application to stay a stay of an application for a stay in a child protection proceeding?
Ontario, Canada
The following excerpt is from CAS (Bruce County) v. D.J., 2011 ONSC 5493 (CanLII):
In The Children's Aid Society of the Districts of Sudbury and Manitoulin v. S.S., [2009] O.J. 4258 (S.C.J.) at para 6 Gordon J. applied the following test: When considering an application for a stay in the context of child protection proceedings, there are three considerations which must be weighed within the context of the best interests of the child: (a) First, there is to be a consideration of the merits of the proposed appeal to ensure that there is a serious issue to be tried; (b) Second, there is to be a consideration of whether the child would suffer irreparable harm if the stay is refused; and, (c) Third, there is to be a consideration of the harm each of the parties would suffer from the granting or refusal of the stay.
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