“The test for staying an order pending appeal under r. 63.02 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 as amended, is the same as the test for an interlocutory injunction established by the Supreme Court of Canada in RJR-Macdonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, at p. 334. The test requires the court to consider the following three 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.
These three factors are not watertight compartments: the strength of one may compensate for the weakness of another. The overarching consideration is whether the interests of justice call for a stay: International Corona Resources Ltd. v. LAC Minerals Ltd. (1986), 21 C.P.C. (2d) 252 (Ont. C.A.); see also Longley v. Canada (Attorney General), 2007 ONCA 149, 223 O.A.C. 102 (Weiler J.A., in chambers), at paras. 14-15; BTR Global, at para. 16.”