The decision addresses a motion by David Peter McMath and Darcy Loyie to stay their motion for leave to appeal a summary judgment decision dismissing their individual claims for additional damages arising from administrative segregation, pending the outcome of other test cases.
The court applies the RJR-MacDonald test for a stay and finds that while there is a serious question to be tried, the applicants failed to establish irreparable harm or that the balance of convenience favours a stay.
The motion is dismissed.
