Greckol JA

14.48: Stay pending appeal

Case Summary

829693 Alberta Ltd. (“829”) was found in Contempt of Court by the Case Management Judge for failing to produce unconsolidated financial statements which 829 asserted were either non-existent or lost. 829 was ordered to pay the Respondent’s solicitor-client Costs, and to create or re-create the unconsolidated financial statements to purge the Contempt, failing which its Pleadings would be struck. 829 appealed the Case Management Judge’s Order, and sought a Stay of the enforcement of the Order pending the Appeal pursuant to Rule 14.48.

829 argued that there were serious issues on appeal, that a failure to grant the Stay would result in irreparable harm, and the balance of convenience favoured granting the Stay.

Justice Greckol noted that Envacon Inc. conceded that the issues on appeal were not frivolous, and held that 829 would suffer irreparable harm. Greckol J.A. considered the balance of convenience and held that the only inconvenience which Envacon Inc. would suffer if a Stay was granted was a delay of a few months to enforce the Costs award and receive the documents or obtain a default Judgment. Greckol J.A. held that 829 would suffer far greater inconvenience if the Stay was not granted. Therefore, the balance of convenience favoured a Stay. The Application for a Stay of the Case Management Judge’s Order pending Appeal was granted.

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