Court File No. CV-12-448487Divisional Court File No.
SUPERIOR COURT OF JUSTICEDIVISIONAL COURT
B E T W E E N:PAUL MAGDERApplicant(Respondent Party)andROBERT FORDRespondent(Moving Party/Appellant)
FACTUM OF THE MOVING PARTY/APPELLANT
This is a motion to stay the Decision of Hackland R.S.J. of November 26, 2012.2.
An appeal lies to the Divisional Court from the Decision of Hackland R.S.J. of November 26, 2012 pursuant to section 11 of the
Municipal Conflicts of Interest Act
, R.S.O. 1990,
c. M.50 (“
There is a three-fold test to be applied to grant a stay pending the appeal to the DivisionalCourt. The moving party/appellant meets this three-fold test.
Serious Issue to be Tried
The Supreme Court of Canada in
RJR-MacDonald Inc. v. Canada (Attorney General)
detailed the elements of the first requirement, “serious issue to be tried”: