Rowbotham JA

14.5: Appeals only with permission

Case Summary

The Applicant applied for a Stay of proceedings pending an Appeal. Rowbotham J.A. considered the elements for the test for a Stay pending Appeal: whether a serious issue was raised by the Appeal; whether the party seeking the stay would suffer irreparable harm if the Appeal was not granted; and whether the balance of convenience militated towards granting the stay. Justice Rowbotham held that the Applicant had not met the test. Her Ladyship also noted that the monetary value of this case was less than $25,000.00. Under Rule 14.5(1)(g), the Applicant must apply to obtain permission from the Court of Appeal before the Appeal could proceed. The Application was dismissed.

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