The applicant father brought an urgent, without-notice motion for a stay pending appeal of an order granting the respondent mother leave to travel to Sudan with their ten-year-old child over the holidays.
The court applied the three-part test for a stay and found that the applicant failed to demonstrate a strong case on appeal, that the alleged irreparable harm was highly speculative, and that the balance of convenience favoured the child's best interests in taking the trip.
The motion for a stay was dismissed.
