Simon looking earnest in Preveza, Greece
Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war / conditions of guide use

home / about / client testimonials / areas of practice / about self-representation

Your
Self-Representation
Service Options

Simon Shields, LLB




























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)]:
[6] 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.


Lawyer License #37308N / Website © Simon Shields 2005-2017