The Court of Appeal for Ontario heard a motion for a stay of a lower court order pending appeal.
The lower court had appointed a litigation guardian and guardian of property for an incapable 100-year-old individual, removed her counsel, and ordered costs.
The moving parties (the incapable individual and her son) sought to stay this order.
The court applied the three-part test for a stay, finding no serious issue to be tried regarding the incapacity finding or the guardian's appointment, especially given prior findings of unconscionable procurement of assets by the son.
The court also found no irreparable harm would be suffered by denying the stay, as the appointed guardian is accountable to the court.
The balance of convenience favored allowing the lower court's order to take effect.
Consequently, the motion for a stay was dismissed.