The Applicant sought a Stay of an Order issued by Madam Justice Bercov pursuant to Rule 14.48. The relevant paragraphs of the Order included declarations regarding the Applicant’s status as a formal adult interdependent partner of the deceased and the striking of certain materials filed by the Applicant.

Justice Watson noted that the criteria for a Stay Application are: (1) serious questions to be tried or considered on Appeal; (2) irreparable harm to either side; and (3) balance of convenience as between the two sides. Justice Watson also noted that the strength of the “serious question” was important.

Justice Watson found no error in Madam Justice Bercov’s line of reasoning in her Decision regarding the interpretation of statutory provisions related to adult interdependent relationships and wills. However, Justice Watson noted that the Applicant made two arguments: the admissibility of evidence and the nature of the proceeding as Summary Judgment. Justice Watson held that there was an arguable point as to whether Madam Justice Bercov erred in granting Summary Judgment.

Justice Watson also determined that the irreparable harm to the estate due to a Stay was not a significant concern, and that the balance of convenience favored granting the Stay as it provided psychological relief to the Applicant while the Appeal was pending.

As a result, the Stay was granted.