Thursday, November 8, 2012

Interests of justice the test to apply in staying an appeal

The RJR-Macdonald test is usually used for stays of proceedings but the Court held a simpler interests of justice test was more appropriate. 
The Court held:

[19]       I prefer the broader "interests of justice" test to the three-stage RJR-Macdonald test in such circumstances because I think it responds more flexibly to the somewhat different considerations that are in play when a party seeks to have the appeal itself stayed as opposed to an order or judgment appealed from.  In the former circumstances, broader considerations regarding the administration of justice are also in play.  Factors demonstrating irreparable harm or an imbalance of convenience are undoubtedly relevant when a court is contemplating delaying its proceedings until a later time, (considerations respecting the merits of the appeal, perhaps less so). However, the court must also take into account other factors such as the public interest in the fair, well-ordered and timely disposition of litigation, and the effective use of scarce public resources. 


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