Kareway Homes Ltd. v. 37889 Yukon Inc.

Kareway Homes Ltd. v. 37889 Yukon Inc.

The court granted a partial stay of execution pending appeal: it refused to interfere with disposition of the monies already lodged in court but ordered a stay of execution on the monetary judgment against Kareway provided Kareway deposits $350,000 in court as security; the appeal contained sufficient merit and irreparable harm was established for a stay of execution, but the higher Mareva standard was not met to retain the full fund already in court.

Citation
2012 YKCA 3
Parties
Appellant/plaintiff: Kareway Homes Ltd.; Respondent/defendant: 37889 Yukon Inc.
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
16 May 2012
Procedural Posture
Appeal From Supreme Court of Yukon (civil Construction Dispute) / Interlocutory Application for Stay of Execution Under S.13 of the Yukon Court of Appeal Act
Outcome
Stay of execution granted in part: stay of judgment against Kareway pending appeal on condition of security; monies already lodged in court not disturbed.
Legal Topics
Stay of Execution, Mareva Type Relief, Builders Lien, Security for Appeal, Contract Interpretation, Interlocutory Injunctions, Balance of Convenience, Irreparable Harm
Source Language
English
Civil Construction Contract Equity Appellate Procedural Law Stay of Execution Mareva Type Relief +6 more

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Parties

Kareway Homes Ltd.

Appellant/plaintiff

37889 Yukon Inc.

Respondent/defendant

Procedural Posture

Appeal From Supreme Court of Yukon (civil Construction Dispute) / Interlocutory Application for Stay of Execution Under S.13 of the Yukon Court of Appeal Act

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether monies already paid into court should be retained as security for the appellant
  3. 3 What standard of merit applies when applicant seeks to tie up the respondent's assets (Mareva aspect)

Ratio Decidendi

The court granted a partial stay of execution pending appeal: it refused to interfere with disposition of the monies already lodged in court but ordered a stay of execution on the monetary judgment against Kareway provided Kareway deposits $350,000 in court as security; the appeal contained sufficient merit and irreparable harm was established for a stay of execution, but the higher Mareva standard was not met to retain the full fund already in court.

Court Disposition

Stay of execution granted in part: stay of judgment against Kareway pending appeal on condition of security; monies already lodged in court not disturbed.

Orders

  • There is a stay of execution of the judgment pending appeal except for paragraph 5 of the trial order relating to the monies now lodged in court.
  • Kareway Homes Ltd. shall deposit $350000 in court as security for the judgment, interest and costs pending disposition of the appeal.