What is the legal test for a stay of motion under NLCA 65?
Newfoundland and Labrador, Canada
The following excerpt is from P.G. v C.C, 2018 NLCA 73 (CanLII):
This Court has repeatedly stated that this initial step of the test for a stay involves a very low threshold. The question is not whether the appeal is likely to succeed. Rather, the analysis is a limited inquiry on the potential merits of the appeal to determine if the matter is frivolous or vexatious (Weir’s Construction Limited v. Warford Estate, 2016 NLCA 65, at para. 16).
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