Canada Case Law

0956156 B.C. Ltd. v. The General Manager, Liquor and Cannabis Regulation Branch

Court

Supreme Court of British Columbia

Although the petition raises a serious question and the petitioner will suffer irreparable harm from licence cancellation, the balance of convenience favours the respondent because the evidence of a sustained pattern of violent incidents, failures to comply with licence conditions (including nonoperational surveillance), and public safety risks outweighed the harm to the petitioner; accordingly the stay application was dismissed and the cancellation remains effective.

Source excerpt

• Stay application
• Fit and proper determination
• Procedural fairness
• Reasonable apprehension of bias
• Evidence disclosure
• Money laundering investigation

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Stewart v. Ryan Mortgage Income Fund Inc.

Court

British Columbia Court of Appeal

Leave to appeal was denied from a chambers order allowing forced entry into mortgaged rental properties for sale, and the stay application was moot.

• Forced entry
• Conduct of sale
• Leave to appeal
• Stay application
• Admissibility of affidavits/hearsay
• Post-foreclosure tenancies

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Wiederhold v. Aspen Technology, Inc.

Court

Supreme Court of British Columbia

The court refused a stay of an employment bonus dispute, finding the arbitration clause unenforceable for lack of fresh consideration, public policy concerns, and cost-based unconscionability.

• Arbitration clause enforceability
• Forum selection clause
• Choice of law clause
• Consideration
• Severability
• Employment standards act wages

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DS v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The application for leave to appeal was dismissed as premature because the Appeal Division will not normally hear interlocutory General Division decisions before the General Division completes its process and the Claimant failed to demonstrate exceptional circumstances or grounds for a stay.

Source excerpt

• Employment insurance
• Leave to appeal
• Interlocutory decision
• Charter challenge
• Jurisdiction
• Procedural fairness

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Ross River Dena Council v. Yukon (Government of)

Court

Yukon Court of Appeal

The Yukon Court of Appeal dismissed Kaska’s stay application pending appeal, finding no irreparable harm or mootness and holding the balance of convenience favoured allowing the decision process to continue.

• Duty to consult
• Judicial review
• Stay application
• Remedies
• Public interest
• Mootness

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Sahota v. Sandher

Court

British Columbia Court of Appeal

Urgent application to stay approval of a foreclosure sale was dismissed. The court held the specific performance claim was bound to fail and no competing offer was before the court.

• Specific performance
• Order for sale
• Stay application
• Vesting order
• Priority of mortgages
• Adjournment and bidding process

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Lee v. Wedekind

Court

British Columbia Court of Appeal

The registrar assessed special costs arising from a stay application, reduced for overlapping and unrelated billing, and fixed the total at $9,078.45.

• Special costs
• Costs assessment
• Stay application
• Abuse of process
• Duplicative litigation
• Special-costs

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A.P. v. Nova Scotia (Minister of Community Services)

Court

Nova Scotia Court of Appeal

The motions were dismissed because the appellant failed to show irreparable harm or a balance of convenience favoring a stay given the existing finding that the children require protective services and the paramountcy of their best interests; additionally, a single judge in chambers lacked authority to grant the full judicial review sought.

Source excerpt

• Stay application
• Judicial review
• Apprehension of bias
• Appointment of counsel
• Best interests of the child
• Protection order

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Purolator Canada Inc. v. Canada Council of Teamsters

Court

Supreme Court of British Columbia

Purolator’s request for an interim stay of an arbitration was dismissed. The court found no irreparable harm or balance of convenience warranting intervention.

• Stay application
• Res judicata
• Bifurcation
• Prematurity
• Privative clause
• Deference

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Public Guardian and Trustee v. Zammit

Court

Court of Appeal for Ontario

The appeal is dismissed as moot because the death of appellant Mary Zammit removed any live controversy; Rule 11 was not applicable; the Public Guardian and Trustee is entitled to costs for the unsuccessful stay application and on the appeal, fixed at $5,000 inclusive.

Source excerpt

• Mootness
• Costs
• Stay application
• Rules of civil procedure r.11

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