Dutkewych v. Riske

Dutkewych v. Riske

Application for stay granted because appellant showed an arguable issue regarding the applicability of Beals, established risk of irreparable harm if trust funds were released, and the balance of convenience favoured preserving the status quo; funds held by TMC Law to remain in trust pending further order; costs of...

Source-derived case information.

Citation
2006 NSCA 105
Parties
Applicant/appellant: Andreas Myroslav Dutkewych; Respondent: Patricia Riske
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
13 September 2006
Procedural Posture
Appeal From Order Dismissing Application to Set Aside Default Judgment; Application for Stay of Execution Pending Appeal / Application Heard (stay Pending Appeal Granted)
Outcome
Application for stay of execution pending appeal granted
Legal Topics
Default Judgment, Set Aside Default Judgment, Stay of Execution Pending Appeal, Recognition and Enforcement of Foreign Judgment, Interest on Judgment, Balance of Convenience, Irreparable Harm
Source Language
english
Family Law Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Appeals Default Judgment Set Aside Default Judgment Stay of Execution Pending Appeal +4 more

Source-derived case record

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Parties

Andreas Myroslav Dutkewych

Applicant/appellant

Patricia Riske

Respondent

Procedural Posture

Appeal From Order Dismissing Application to Set Aside Default Judgment; Application for Stay of Execution Pending Appeal / Application Heard (stay Pending Appeal Granted)

Legal Issues

  1. 1 Whether the appellant has an arguable appeal on the applicability of Beals v. Saldanha to bar relitigation/enforcement
  2. 2 Whether the appellant had a valid defence to the respondent's action to enforce terms of a California divorce settlement
  3. 3 Whether the appellant would suffer irreparable harm if the trust funds were released

Ratio Decidendi

Application for stay granted because appellant showed an arguable issue regarding the applicability of Beals, established risk of irreparable harm if trust funds were released, and the balance of convenience favoured preserving the status quo; funds held by TMC Law to remain in trust pending further order; costs of the application fixed at $1,000.

Court Disposition

Application for stay of execution pending appeal granted

Orders

  • Funds currently held in trust by TMC Law shall remain in trust pending further order of this Court or a court of competent jurisdiction
  • Costs of the application fixed at $1000 inclusive of disbursements to be costs in the cause of the appeal