The appellants sought a stay of an Order to Pay an Administrative Penalty of $10,000 issued by the Registrar of the Retirement Homes Regulatory Authority for allegedly operating an unlicensed retirement home.
Applying the RJR MacDonald test, the Tribunal found there was a serious issue to be tried but concluded the appellants failed to demonstrate irreparable harm, as the penalty funds would be held and reimbursed if the appeal succeeded.
The Tribunal also found the balance of convenience and public interest weighed against granting a stay, given the regulatory scheme's focus on protecting vulnerable residents.
The motion for a stay was dismissed.
