The Federal Court of Canada can provide interlocutory stays, including staying removal. There is a three-stage test to be applied when considering an application for an interlocutory injunction. A court must determine that there is a serious issue or question to be tried, that the applicant would suffer irreparable harm if the injunction were to be refused, and that the balance of convenience (assessed by examining which of the parties will suffer the greater harm from granting or refusing the injunction) rests with the applicant. As well, it is important to note […]

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  Generally, if an applicant in Canada whose request to the Canada Border Services Agency to defer removal is unsuccessful, and the individual then wants to obtain a judicial stay of removal, the appropriate forum is the Federal Court of Canada.  In Anthonipillai v. Minister of Public Safety and Emergency Preparedness, 2013 ONSC 1231, the appellant unsuccessfully sought a stay of removal in Federal Court.  He then took the rather novel approaching of trying again in Ontario Superior Court (the “ONSJ“). In dismissing the application, the ONSJ noted that the Supreme Court […]

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People issued removal orders often want to know how long they can stay in Canada before they have to leave, and if there is a chance to defer removal.

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