The applicant sought a stay of execution of a Licence Appeal Tribunal order revoking its registration under the Travel Industry Act pending an appeal to the Divisional Court.
Applying the RJR-MacDonald test, the court found that while there was a serious issue and irreparable harm to the applicant, the balance of convenience favoured the respondent.
The court held that the risk of potential harm to consumers outweighed the financial harm to the applicant, given the applicant's precarious financial situation, past breaches of regulations, and failure to fully repay consumers.