“…the test for staying an order pending appeal derives from r. 63.02 of the Rules of Civil Procedure. That requires the court to consider the following factors: (1) a preliminary assessment must be made of the merits of the case to ensure that there is a serious question to be tried; (2) it must be determined whether the applicant would suffer irreparable harm if the application were refused; and (3) an assessment must be made as to which of the parties would suffer greater harm from the granting or refusal of the remedy pending a decision on the merits: Zafar v. Saiyid, 2017 ONCA 919, at paras. 17-18.
The test is cumulative, meaning the appellant must satisfy all three prongs in order to achieve a stay. Moreover, the appellant carries the burden of proof.”