ALBERTA HEALTH SERVICES v PAWLOWSKI , 2021 ABCA 392
14.48: Stay pending appeal
This was an Application to stay enforcement of a Judgment pending Appeal. The Applicants sought to stay various Orders granted against them in connection with their contempt of previous Court Orders.
In deciding the Application, the Court noted that Rule 14.48 provides that a Stay pending Appeal can be granted by a single Appellate Judge. The Court observed that the legal test for a Stay pending Appeal requires that the Applicant show that (i) there is a serious question to be tried, such that the Appeal is not frivolous or vexatious; (ii) there will be irreparable harm if the Stay is not granted; and (iii) the balance of convenience favours granting the Stay.
The Respondent conceded the existence of a serious question to be tried. The Court found that the Applicants had demonstrated that they would suffer irreparable harm if the Stay of at least some of the Orders was not granted. Accordingly, two of the Orders were stayed pending Appeal, with all remaining Orders to remain in effect.View CanLII Details