This was an Application for a Stay of an Order Pending Appeal. The Applicant sought to extend the non-solicitation period of the Consent Injunction Order it had against the Defendants and to add a new party. Justice Lema dismissed the Application, and the non-solicitation period expired. The Applicant subsequently appealed Justice Lema’s Order. In the interim, the Applicant brought this Application under Rules 14.37 and 14.48 for a Stay of the effects of Justice Lema’s Order pending the Appeal.

Hawkes J.A. stated that pursuant to Rules 14.37 and 14.48, single members of the Court do not have the ability to grant a Stay where the order appealed from granted no affirmative relief. To allow the Stay Application would amount to effectively grant the remedy sought in the full Appeal in advance of the Appeal, which is precluded according to the relevant authorities.

The Court noted that the authorities cited by the Applicant were either obiter comments that contemplated a different evidentiary record or that arose in very different circumstances where the hearing of the appeal would not occur soon.

Hawkes J.A. concluded that he could not grant the relief sought because the Order under Appeal lacked any affirmative or executory provision. The Court dismissed the Application.