The Defendant applied to the Court of Appeal for a stay pending the Appeal of six Decisions of the Case Management Justice.

Her Ladyship noted that the Case Management Judge, in granting a number of Applications brought by the Plaintiffs and other parties, had applied the low standard informed by Rule 3.68(2) by assessing whether the Applications disclosed a reasonable chance of success, were frivolous, irrelevant or improper, or constituted an abuse of process.

Justice Veldhuis applied the test for granting a stay pending Appeal set out in RJR-MacDonald Inc. v Canada (Attorney General), [1994] 1 SCR 311, and held that it would be just and equitable to grant stays with regards to two of the Decisions of the Case Management Justice, pending Appeal. Justice Veldhuis then held that until the merits of all Appeals were adjudicated, stays of the Applications were in the best interests of justice, and in facilitating the most expedient means of resolving the dispute as considered by Rule 1.2.