LES v NBM

The Applicant sought a Stay of an Order varying an interim parenting schedule pending the hearing of its appeal (the “Order”) or, in the alternative, a Stay of the part of the Order that altered the parenting schedule between the parties.

Antonio J.A. noted that, when a child is involved, the test for a stay pending appeal changes such that the key consideration becomes whether the child will suffer irreparable harm.

Applying the test to the limited evidentiary record, Appeal Justice Antonio granted the Application in part. Specifically, the Court allowed the portion of the Order that provided an initial increase in the Respondent’s parenting time to take effect, but stayed the other part of the Order that would have resulted in a further increase to the Respondent’s parenting time.

The Court also declined to strike the Respondent’s Memorandum of Argument or to impose a costs penalty pursuant to Rule 14.90, accepting the Respondent’s explanation for the non-compliant formatting of the Memorandum of Argument.