The Appellants sought a stay of a custody order pending appeal, which had awarded custody of two children to the Respondents (maternal grandmother and her common-law spouse).
The court applied the three-part test for a stay, considering a serious question on appeal, irreparable harm to the children if the stay was not granted, and the balance of convenience.
The court found serious issues warranting appellate review and determined that relocating the children to British Columbia and then potentially back to Ontario would cause irreparable harm.
The motion to stay was granted, with strict timelines for the appeal process.
