Barrister and Solicitor
Legal Writing and Research
Appeals - Stay Pending Appeal
Wilfert v. McCallum (Ont CA< 2017)
In this case the Court of Appeal restates the test for granting a stay of the lower judgment pending appeal, in those cases where it may be sought [monetary Orders (other than support Orders) are automatically stayed on appeal: R63.01(1)]:
 The test on a motion for a stay pending appeal under Rule 63.02(1) is the same as the test for an interlocutory injunction: (i) whether there is a serious issue to be tried; (ii) whether the moving party will suffer irreparable harm if the stay is not granted; and (iii) whether the balance of convenience favours the granting of the stay. See Circuit World Corp. v. Lesperance (1997), 1997 CanLII 1385 (ON CA), 33 O.R. (3d) 674 (C.A., in Chambers), at para. 8; Pathan v. Qureshi, 2009 ONCA 575 (CanLII), 2009 ONCA 575 (in Chambers), at para. 11; and Starkman v. Home Trust Company, 2015 ONCA 436 (CanLII), 2015 ONCA 436 (in Chambers), at para. 7.