MacNeil v. Hedmann

MacNeil v. Hedmann

The appeal is weak and the appellant has not demonstrated irreparable harm; therefore the court exercises its discretion to grant only a partial stay to protect the respondent's entitlement while allowing the appeal to proceed on a fixed timetable. The stay is conditional on timely filing of the appellant's factum and an interim payment into trust of $35,000 to preserve the respondent's position and balance the convenience between the parties.

Citation
2014 YKCA 11
Parties
Respondent (plaintiff): Cynthia Lynn MacNeil; Appellant (defendant): David George Clinton Hedmann
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
25 August 2014
Procedural Posture
Appeal / Chambers Motion for Stay Pending Appeal
Outcome
Partial stay of execution granted subject to conditions
Legal Topics
Stay of Execution, Division of Matrimonial Property, Costs Awards, Irreparable Harm, Balance of Convenience, Transcript and Extension of Time
Source Language
English
Family Law Civil Procedure Property Law Appeals Costs Stay of Execution Division of Matrimonial Property Costs Awards +3 more

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Parties

Cynthia Lynn MacNeil

Respondent (plaintiff)

David George Clinton Hedmann

Appellant (defendant)

Procedural Posture

Appeal / Chambers Motion for Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution pending appeal
  2. 2 Whether the appeal has sufficient merit to warrant a stay
  3. 3 Whether the appellant will suffer irreparable harm

Ratio Decidendi

The appeal is weak and the appellant has not demonstrated irreparable harm; therefore the court exercises its discretion to grant only a partial stay to protect the respondent's entitlement while allowing the appeal to proceed on a fixed timetable. The stay is conditional on timely filing of the appellant's factum and an interim payment into trust of $35,000 to preserve the respondent's position and balance the convenience between the parties.

Court Disposition

Partial stay of execution granted subject to conditions

Orders

  • Execution of the judgments made March 18, 2014 and June 12, 2014 are stayed subject to conditions
  • Mr. Hedmann shall file and serve his appellant's factum on or before September 5, 2014