IYER v NAZIR

The Plaintiffs applied for permission to Appeal a Chambers Judge’s decision not to Stay an Applications Judge’s Security for Costs Order. Previously, an Applications Judge ordered that the Plaintiff’s pay $29,127 as Security for Costs within 60 days (the “Original Order”).

The Plaintiffs sought to appeal the Original Order but filed their Notice to Appeal outside of the 10-day deadline prescribed by Rule 6.14(2).

On November 25, 2025, a Chambers Judge heard the Plaintiff’s Application to extend the time to Appeal the Original Order and stay the Security for Costs payment pending Appeal. The Chambers Judge awarded the Plaintiffs an extension of time to file their Notice of Appeal, but denied their Application for a Stay (the “Chambers Order”).

The Plaintiffs now apply for permission to Appeal the Chambers Order pursuant to Rule 14.5(1)(h). Justice Friesen held that permission to Appeal would only be granted where the issue raised an important question of law or precedent, there was a reasonable chance of success on appeal, and the delay caused by the Appeal would not unduly hinder the progress of the Action or cause prejudice.

The Court held that the Plaintiffs did not point to any errors in the Chambers Judge’s reasoning. The Plaintiffs failed to illustrate that their Appeal had any reasonable chance of success. As such, permission to appeal was denied.