R won an injunction against A to produce and sell the license. A is willing to keep a full record and pay in a percentage of sales every month.
What is the test for refusing a stay of injunction?
Serious issue for adjudication; Appellant will be irreparably harmed; balance of convenience
Three part test (RJRMacDonald Inc. v. Canada (Attorney General))
1.the appeal must present a serious issue for adjudication
a.Reiterating the same issues that were highlighted at the trial level does not qualify
b.Though for sake of argument is posited here
2.the appellant must show that it will suffer irreparable harm if the relief is not granted
a.e.g. go out of business if they can’t sell a product
b.However it looks here like they will go out of business anyway
3.The balance of convenience
a.On the other hand R is being irreparably damaged to their licensing program