June 8, 2022 – The Test For a Stay of A Parenting Order

“The test for a stay of an order involving the parenting of a child is not in dispute. The overarching consideration in whether to grant a stay pending appeal is whether doing so is in the interests of justice. Three factors are considered: (1) whether, on a preliminary assessment, the appeal raises a serious question, recognizing that this is a “low threshold”; (2) whether the child would suffer irreparable harm if the application were refused; and, (3) the balance of convenience, namely, whether there would be greater harm from the granting or refusal of the remedy pending a decision on the merits: Lefebvre v. Lefebvre (2002), 2002 CanLII 17966 (ON CA), 167 O.A.C. 85 (C.A.), at para. 6; Circuit World Corp. v. Lesperance (1997), 1997 CanLII 1385 (ON CA), 33 O.R. (3d) 674 (C.A.), at paras. 8-9.”

         K.K. v. M.M., 2021 ONCA 407 (CanLII) at 17