What is the test for a stay of execution of an application for a motion to stay of a motion for a separation?
Alberta, Canada
The following excerpt is from Thember v King, 2019 ABCA 405 (CanLII):
The test for a stay in these circumstances is a modified tripartite test, most recently described in KNW v. CEJB, 2019 ABCA 363 at para 10 as requiring consideration of whether there is a serious question to be tried, whether the applicant would suffer irreparable harm if the stay were refused and whether the balance of convenience favours the stay. The test is modified by the overarching concern about what is in the best interest of the children.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a stay of execution of a motion for an application for a motion to overturn a motion of appeal? (Alberta, Canada)
Is a husband entitled to a post-separation return on equity that he had in the home at the date of the separation? (Alberta, Canada)
Can a defendant bring an application to have a separate action for replevin consolidated? (Alberta, Canada)
What is the test for a motion to dismiss an application for a delay of more than two years? (Alberta, Canada)
How have the courts dealt with the issue of custody and custody issues in a motion of motion of the same name? (Alberta, Canada)
What are the Purchasers' arguments for a stay of execution of Colours' application for an arbitration order? (Alberta, Canada)
What is the applicable law for a Summary Dismissal Application? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
Does the outcome of the Rule 129 application involving the Minister for Health and Social Development make a motion that militates against bifurcation? (Alberta, Canada)
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application? (Alberta, Canada)
