MODRY v ALBERTA HEALTH SERVICES, 2015 ABCA 31
14.48: Stay pending appeal
The Applicant, Alberta Health Services (“AHS”), applied for a Stay Pending an Appeal of an Order of a Chambers Judge, which granted the Plaintiff an interim mandatory injunction reinstating him as a surgeon with full pay. AHS applied to stay the portion of the Order directing that the Plaintiff be reinstated.
Brown J.A. held that the test to be applied on a Stay Application is the well-known tripartite test from RJR-MacDonald Inc v Canada (AG), 1994 CanLII 117 (SCC),  1 SCR 311. An applicant must show (1) there is a serious question to be considered; (2) that irreparable harm would result if the relief is not granted; and (3) that the balance of convenience favours the applicant. Justice Brown noted that the serious question to be considered is a low threshold, and the Applicant only needed to show arguable grounds. Justice Brown also found irreparable harm to AHS, as allowing a physician with a history of performance issues to be reinstated would create serious safety and reputation concerns for AHS. The balance of convenience also “narrowly” favoured the AHS. Under the circumstances, the Stay was granted.View CanLII Details