MCCARGER v METIS NATION OF ALBERTA ASSOCIATION, 2017 ABCA 240
10.29: General rule for payment of litigation costs
14.48: Stay pending appeal
14.68: No stay of enforcement
The Applicant sought a Stay of an award of solicitor-client Costs ordered against him following the dismissal of his Application. The Applicant sought the Stay pending the hearing of an Application for Judicial Review.
Strekaf J.A. confirmed that Rule 14.68 provides that filing an Appeal does not stay enforcement of the Decision under Appeal unless otherwise ordered. Strekaf J.A. confirmed that to obtain a stay pending appeal, the Applicant must establish that: there is an arguable issue to be determined on appeal; the applicant would suffer irreparable harm if the stay was not granted; and, the balance of convenience favours granting the stay. Justice Strekaf noted that, in general, the unsuccessful party to an interlocutory Application is required to pay Costs forthwith to the successful party pursuant to Rule 10.29, and that “[h]aving to pay money alone is not irreparable harm”. Strekaf J.A. dismissed the Application for a Stay of the Costs award pending Appeal.View CanLII Details