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Appeal from a stay of a proposed class action dismissed by majority, holding Kett and Sibble overlapped and the chambers judge made no reviewable error.
The court recognized and enforced a Swiss arbitral award, rejected a public policy objection based on alleged double recovery, and denied a stay of execution.
The Court of Appeal granted a stay pending appeal of an order reading down a cricket society by-law and requiring a meeting, finding arguable merit, irreparable harm, and balance of convenience.
The Court of Appeal for British Columbia dismissed a stay application pending leave to appeal to the Supreme Court of Canada in a class action certification dispute.
The court dismissed Silverado’s application for a stay pending appeal of an order setting aside a garnishing order, finding no arguable case, no irreparable harm, and no balance-of-convenience support.
The application is dismissed because, although the threshold for a serious issue was met, the applicant failed to prove irreparable harm by clear and compelling evidence; absent irreparable harm the extension of the publication period must be refused.
Source excerpt
The court held that the existing stay of proceedings remained in full force and effect, and confirmed that the amended notice of claim filed in breach of it was a nullity.
The Yukon Court of Appeal adjourned an unperfected appeal and extended a stay of a monitor appointment until 31 October 2003 to preserve the status quo.
Where an applicant establishes serious issues to be argued and adduces evidence of irreparable harm and of balance of convenience, and there is no contrary evidence because respondents consent or take no position, the court may grant a stay of an administrative decision pending judicial review; considerations of privative clauses and tribunal expertise do not preclude a court-ordered stay because deference is not determined at the interlocutory stage and alleged breaches of natural justice must be examinable on judicial review.
Source excerpt
Court of Appeal review dismissed and the stay of proceedings maintained in a dispute involving an alleged collateral attack and abuse of process.
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