The moving party, THICC, sought a stay of a Master's order requiring the Minister of Health to file a section 10 record that included THICC's allegedly confidential information, pending an appeal of that order.
The underlying judicial review challenged the Minister's approval of hospital infrastructure plans.
Applying the RJR-MacDonald test, the court found a serious issue to be tried regarding the interpretation of a prior consent confidentiality order, irreparable harm if the information was disclosed before the appeal, and that the balance of convenience favoured granting the stay to preserve the appeal's utility.
