“The husband has no statutory right to appeal to this court. He has exercised a first right of appeal to the Superior Court, without leave, as provided under the parties’ mediation-arbitration agreement: Arbitration Act, 1991, S.O. 1991, c. 17, ss. 45(2), (3) and (6). A second appeal requires leave of this court: Arbitration Act, 1991, s. 49.
To obtain a stay of a judgment pending a motion for leave to appeal, a moving party must meet the three-part test for an interlocutory injunction: (1) a serious question to be determined on the motion for leave to appeal; (2) the moving party will suffer irreparable harm if the stay is denied; and (3) the balance of convenience favours granting the stay: RJR – MacDonald Inc. v. Canada (Attorney General), 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311, at p. 334.
In applying this test, the court is mindful that “[t]hese three criteria are not watertight compartments. The strength of one may compensate for the weakness of another. Generally, the court must decide whether the interests of justice call for a stay”: Circuit World Corp. v. Lesperance (1997), 1997 CanLII 1385 (ON CA), 33 O.R. (3d) 674 (C.A.), at p. 677.”