This Appeal involved a Decision by Applications Judge Farrington pursuant to Rule 6.14, stemming from a financial dispute between 420 Investments Ltd (“Four20") and High Park Shops Inc (“High Park”). The Application focused on alleged breaches of an agreement and a contested loan repayment. The Applications Judge granted High Park Summary Judgment for $7,000,000 plus interest and dismissed Four20’s Application for an interim Stay of the Judgment pending the Appeals.

The Court determined that the standard of review for this Appeal, conducted under Rule 6.14, is de novo, with the correctness standard applied as established by the precedents set in earlier rulings. Four20 also invoked Rule 1.4(2)(h) and section 17 of the Judicature Act, which authorize a Stay of Orders pending an Appeal if it is "just and equitable in all the circumstances of the case." The Court reviewed all materials from both the Summary Judgment and the Stay Application, noting that no new evidence was introduced after the denial of the Stay Application.

Justice Sidnell dismissed the Appeal, finding that Four20 failed to demonstrate irreparable harm or that the balance of convenience favoured granting a Stay. The Court determined that while Four20 presented a serious issue for Trial, the evidence did not substantiate claims of irreparable harm, and the balance of convenience did not support altering the Applications Judge’s Decision. The funds from the Judgment were ordered to be held in trust to address potential recovery issues should Four20 succeed in future Appeals.