Judgment had previously been given regarding two Judicial Reviews. One of the parties, Dr. Oleynik, then sought a stay of the proceedings, and the University sought to dispense with the requirement that Dr. Oleynik approve the Order before filing of the Order.

As Dr. Oleynik was to be out of the country, he may have sought a stay of proceedings so that he could file an Appeal within the time limitations. However, he did not expressly make that request and the Court held that it would not be an appropriate basis for a stay in any event. Further, the Court directed that there was no need for a stay of proceedings and there was no need to obtain Dr. Oleynik's approval for the Order as the Court was prepared to approve the Order pursuant to Rule 9.4(3).