SNOWBALL v HAM ESTATE, 2021 ABCA 358
14.48: Stay pending appeal
The Applicant sought a stay of a Queen’s Bench decision to release certain funds to the Respondents. The Court noted that Rule 14.48 allows a single Appellate Judge to grant a Stay pending Appeal if the Applicant can establish the three-part test in RJR-MacDonald Inc v Canada (Attorney General).
The Court found that the Applicant met the RJR-MacDonald test and granted a Stay pending Appeal. The Court found that the Applicant had demonstrated (1) that the serious question element of the test had been met because the Appeal was not frivolous or vexatious, (2) that the Applicant would suffer irreparable harm if a Stay was not granted because the Respondent was insolvent and the funds at issue could be distributed and expended before the Appeal could be heard, and (3) the balance of convenience justified a partial Stay which would enable the Respondent to use a portion of the funds to pay the costs in defending the Appeal and the balance of the Funds would remain in trust pending Appeal.View CanLII Details