Angerer v. Cuthbert

Angerer v. Cuthbert

Security for costs application adjourned due to uncertainty whether a single judge of the Yukon Court of Appeal has statutory authority to order security for costs; interim stay previously granted was lifted to allow filing of appeal materials. A partial stay of the trial injunction was granted because, although the...

Source-derived case information.

Citation
2018 YKCA 1
Parties
Respondent (plaintiff): Stefan Kudwik Angerer; Respondent (plaintiff): Ursula Angerer; Respondent (plaintiff): Leopold Selinger; Respondent (plaintiff): Edeltraud Selinger; Respondent (plaintiff): Gerry McGraw; Respondent (plaintiff): Stevan Landfried; Appellant (defendant): Shelley R. Cuthbert
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
24 January 2018
Procedural Posture
Appeal From Civil Nuisance Judgment and Injunction / Interlocutory Chambers Applications for Security for Costs and Stay Pending Appeal
Outcome
Security for costs application adjourned for jurisdictional clarification; interim stay lifted to permit filing of appeal materials; partial stay of trial order granted on conditions pending appeal.
Legal Topics
Nuisance, Injunction, Security for Costs, Stay Pending Appeal, Jurisdiction of Single Judge
Source Language
english
Civil Tort Property Procedural Law Animal Control Nuisance Injunction Security for Costs +2 more

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Parties

Stefan Kudwik Angerer

Respondent (plaintiff)

Ursula Angerer

Respondent (plaintiff)

Leopold Selinger

Respondent (plaintiff)

Edeltraud Selinger

Respondent (plaintiff)

Gerry McGraw

Respondent (plaintiff)

Stevan Landfried

Respondent (plaintiff)

Shelley R. Cuthbert

Appellant (defendant)

Procedural Posture

Appeal From Civil Nuisance Judgment and Injunction / Interlocutory Chambers Applications for Security for Costs and Stay Pending Appeal

Legal Issues

  1. 1 Whether barking dogs constituted a nuisance warranting injunction limiting number of dogs
  2. 2 Whether a single judge of the Yukon Court of Appeal has jurisdiction to order security for appeal costs
  3. 3 Whether a stay pending appeal should be granted and on what conditions

Ratio Decidendi

Security for costs application adjourned due to uncertainty whether a single judge of the Yukon Court of Appeal has statutory authority to order security for costs; interim stay previously granted was lifted to allow filing of appeal materials. A partial stay of the trial injunction was granted because, although the appeal lacked sufficient merit to justify a full stay, there was risk of irreparable harm (possible euthanasia) and respondents consented to a limited stay subject to concrete measures to reduce nuisance; therefore stay granted conditioned on monthly surrender of up to ten dogs to the Animal Health Unit, indoor housing at night, and cessation of accepting new dogs until...

Court Disposition

Security for costs application adjourned for jurisdictional clarification; interim stay lifted to permit filing of appeal materials; partial stay of trial order granted on conditions pending appeal.

Orders

  • Security for costs application adjourned to permit respondents to consider whether a single judge has jurisdiction to order security for appeal costs
  • Interim stay issued by Frankel J.A. on November 28, 2017 is lifted to allow the appellant to file appeal materials including her factum