Canada Case Law

Singh v. Toor

Court

British Columbia Court of Appeal

The application for an interim stay is dismissed because the chambers judge correctly found no serious issue to be tried under s.58(2) — the commercial and residential matters are not substantially linked — and the applicant cannot show irreparable harm since staying the lower court's refusal would not prevent enforcement of the RTB possession order; therefore the balance of convenience favors the respondent.

Source excerpt

• Stay of proceedings
• Jurisdiction
• Judicial review
• Possession order
• Irreparable harm
• Statutory bar s.58 residential tenancy act

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Clearview (Township) v. 12966344 Canada Inc.

Court

Court of Appeal for Ontario

The Court of Appeal granted a stay pending appeal of an order requiring a fill permit to issue, found the appeal arguable, and ordered it expedited.

• Stay pending appeal
• Ultra vires
• Fill permits
• Obstacle limitation surfaces
• Jurisdictional division
• Irreparable harm

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Percival v. Ti Developments Ltd.

Court

British Columbia Court of Appeal

Application for a stay was dismissed because the appeal and underlying judicial review were of little merit, there was insufficient evidence of irreparable harm, and the balance of convenience favoured the respondents given the appellants' delay and repeated procedural abuses; deference to Justice Hewson's discretionary case management decision warranted upholding the cancellation of the stay.

Source excerpt

• Judicial review
• Stay of proceedings
• Eviction
• Res judicata
• Procedural fairness
• Balance of convenience

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Bell v. Ball

Court

Newfoundland and Labrador Court of Appeal

The application for a stay was dismissed because the appellant failed to establish a serious issue to be tried regarding the refusal to permit cross-examination, failed to show irreparable harm from the refusal, and the balance of convenience favored allowing the underlying proceedings to continue given deference to the trial judge's discretionary management and the public interest in proportionality and efficient use of court resources.

Source excerpt

• Stay pending appeal
• Interlocutory appeal
• Cross-examination of affidavit
• Forum non conveniens/jurisdiction
• Discretionary judicial decisions
• Balance of convenience

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Chan v. Vintila

Court

Supreme Court of British Columbia

Application dismissed because petitioner sought mandatory relief but failed to show a strong prima facie case on the merits; petitioner established only a modest risk of irreparable reputational harm on an uncertain evidentiary basis; and the balance of convenience favoured respondent because granting the injunction would certainly destroy an ongoing profitable business, alter the status quo, and impose significant financial harm while the merits (including enforceability of the written partnership clauses) were not sufficiently in petitioner's favour.

Source excerpt

• Dissolution of partnership
• Interlocutory mandatory injunction
• Irreparable harm
• Balance of convenience
• Interpretation and enforceability of written partnership agreement
• Ownership of digital content and accounts

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Sampson v. D. Sportsworld Ltd.

Court

Newfoundland and Labrador Court of Appeal

The Court granted an interim stay of the Director's orders for eviction and vacant possession because the Applicant raised serious non-frivolous issues capable of being extracted for appellate review (including whether cumulative conduct can constitute breach and whether refusal of entry was a breach), demonstrated irreparable harm due to likely homelessness given her lack of funds, and the balance of inconvenience favoured maintaining the status quo; the Court has statutory power to stay the Director's decision pending an inter partes hearing and should do so to preserve the utility of the a…

Source excerpt

• Stay pending appeal
• Vacant possession
• Statutory conditions
• Irreparable harm
• Jurisdictional limits on appeal
• Cumulative conduct as breach

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Block v. Block

Court

Supreme Court of British Columbia

The application for a stay was dismissed because the applicant satisfied the low threshold on merit but failed to establish irreparable harm and failed the balance of convenience: registrar findings and financial disclosure demonstrated the applicant had sufficient liquid assets and income to meet the immediate payment obligations, any harm was monetary and remediable, and the interests of justice and convenience favoured the respondent who would be deprived of the fruits of judgment if the stay were granted.

Source excerpt

• Stay pending appeal
• Spousal support
• Property division
• Payment schedule
• Registrar certificates
• Irreparable harm

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Kong v. Siddoo Kashmir Holdings Ltd.

Court

British Columbia Court of Appeal

Application dismissed because appellant failed to establish a serious issue to be tried, provided no evidence of irreparable harm, and the balance of convenience favoured the landlord; a stay would not affect enforcement of the possession order and would permit resiling from a freely made settlement; chambers judge's discretionary decision was not shown to be in error.

Source excerpt

• Stay of proceedings
• Order of possession
• Settlement enforcement
• Judicial review
• Irreparable harm
• Balance of convenience

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Solar Sepulveda v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court granted a stay of removal after finding a strong challenge to CBSA’s refusal to defer removal and evidence of irreparable harm from separation.

• Stay of removal
• Deferral of removal
• Spousal sponsorship
• Judicial review
• Reasonableness review
• Irreparable harm

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Yogesh v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed a motion to stay removal to India, finding no serious issue on the PRRA challenge and no clear, non-speculative irreparable harm.

• Pre-removal risk assessment
• Stay of removal
• Irreparable harm
• Balance of convenience
• Serious issue test
• Evidentiary standards

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