It is also important to remember that the risk of a moot appeal does not automatically constitute irreparable harm (see Colpitts v. Nova Scotia Barristers’ Society, 2019 NSCA 45 at para. 51). Other than stating that it would suffer serious prejudice and irreparable harm if a stay were not granted, nothing of substance was offered by the appellant. In the specific context of this case, I see no irreparable harm to the appellant. Balance of convenience test—who would incur greater harm if the stay is not granted?
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