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The court dismissed a contempt application over unpaid arbitration awards and also refused a stay of execution pending appeal, finding no irreparable harm.
The Court upheld the motions judge's exercise of discretion under s.106 CJA to maintain the status quo and dismiss the Beals' motion for payment out pending final resolution by the Supreme Court of Canada, finding the respondents would suffer hardship and the appellants showed no hardship; the Court held that an irrevocable $1,000,000 guarantee from LPIC constituted satisfactory security under s.65(1)(d) SCA and Dominic Thivy's $1,000 offer was acceptable given overlapping interests, and accordingly granted the respondents' motion as to security and fixed costs.
Source excerpt
Because the trial judge proceeded on insufficient information after a misunderstanding that deprived the appellant of counsel and documents, the counterclaim must be retried; however, the main judgment stands because no realistic defence was advanced. The judgment is stayed pending the counterclaim, the respondent may file but not enforce a writ, trial costs are reduced to $3,500, and there are no costs of the appeal.
Source excerpt
The Supreme Court of Canada refused a chambers motion to stay execution pending an application for leave to appeal to the Privy Council.
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