The Children's Aid Society appealed a temporary care order returning a child to the mother and sought a stay of that order pending appeal.
The court applied the three-part test for a stay, focusing on whether there was a serious issue to be tried.
The court found the Society failed to establish a serious issue, concluding that the motion judge's finding of speculative risk was entitled to deference and that the child could be adequately protected by a supervision order.
The motion for a stay was dismissed.
