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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.
The stay application was dismissed because s.234 of the Family Law Act confines the power to suspend an operative order to the court that made the order; the operative Wright Order refused a stay and the appellant had not pursued the required appeal of that refusal to the Supreme Court under s.233. The Court of Appeal's exceptional jurisdiction to grant a stay where other avenues are closed (as noted in T.F.R.) did not apply because the appellant still had the procedural route to the Supreme Court. The no-fee application was granted because the appellant satisfied the financial criteria and h…
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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.
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The Court of Appeal dismissed an appeal from summary judgment enforcing a second mortgage, finding no genuine issue for trial and lifting the stay.
The applications for leave to appeal were dismissed: the directions to adjourn did not determine procedural or substantive rights and were therefore largely non‑appealable; even if appealable, leave would be refused because the chambers judge acted within his broad discretion, the applicant's grounds lacked merit and were frivolous (including unsupported bias claims), an appeal would unduly delay the underlying petition, and this Court lacked jurisdiction to decide an application that was not substantively determined by the court below.
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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…
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Majority: The appeal is dismissed. The applicable standard for statutory appeals under the Arbitration Act is the appellate standards for questions of law (Housen/Vavilov); applying that standard the 2022 majority arbitrators erred in refusing to apply issue estoppel because they misidentified the issue decided in the 1999 Award and considered irrelevant factors; the chambers judge's discretionary decision not to remit the valuation to the arbitrators was owed deference and was not overturned. Procedurally, the chambers judge did not err in staying the effect of the 2022 Award pending leave t…
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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.
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The Ontario Court of Appeal stayed enforcement of a mortgage enforcement judgment until March 30, 2026, despite finding the appeal had little merit.
The Court of Appeal dismissed most of Ms. Louie’s motion, but granted a conditional order deeming her appeal perfected if the fee is paid by January 23, 2026.
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