What is the burden of proving each of the three stages of the test?

The moving parties have the burden of proving each of the three stages of the test. Since they have not succeeded on the second stage, there is no reason to consider the third. As explained by this Court in Friends of the West Country Association v. Canada (Minister of Fisheries and Oceans), [1998] F.C.J. no. 1690 at paragraphs 4-6: It is clear from R.J.R. MacDonald that the appellants have the onus of proof of each element of the test laid down in that case. Although the appellants led evidence to prove each element of the test, I am of the opinion that this evidence falls short of showing to the requisite degree that the appellants will suffer irreparable harm as explained in R.J.R. MacDonald (…) Since the onus on the appellants extends to each element of the test, a failure to prove any one of them is fatal to the success of the motion. [my emphasis]