What is the legal test for a motion to stay a motion for a stay of execution?
Ontario, Canada
The following excerpt is from Whitfield v. Whitfield, 2017 ONSC 4680 (CanLII):
While I agree with the plaintiff that the threshold for granting a stay is a low one, as per RJR-MacDonald v. Canada (Attorney General), [1994] 1 S.C.R., it still requires that the court make a preliminary assessment of the merits of the case. The test for a stay fails on this first ground.
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