“The parties agree that the governing precedent is the Supreme Court’s decision in RJR-MacDonald Inc. v. Canada (Attorney General), 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311. The elements of the test are that there is a serious issue to be tried, the applicant will suffer irreparable harm if the relief is not granted, and the balance of convenience favours the granting of relief.
This court has put a gloss on the application of the test in RJR-MacDonald where a stay is sought pending appeal. In Ogden Entertainment Services v. United Steelworkers of America, Local 440 (1998), 1998 CanLII 1441 (ON CA), 38 O.R. (3d) 448, [1998] O.J. No. 1824 (C.A.) Robins J.A. said, at para. 5:
In determining whether a stay should be granted, regard must be had to the judgment under appeal and a strong case in favour of a stay must be made out. The court must proceed on the assumption that the judgment is correct and that the relief ordered was properly granted. The court is not engaged in a determination of the merits of the appeal on a stay application.”
The Public Guardian and Trustee v. Zammit, 2021 ONCA 648 (CanLII) at 2-3