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Insolvency (BIA) - Appeals - Stay Pending Appeal. Toronto-Dominion Bank v. 1871 Berkeley Events Inc. [stay pending leave to appeal]
In Toronto-Dominion Bank v. 1871 Berkeley Events Inc. (Ont CA, 2026) the Ontario Court of Appeal considered motions to extend time to commence a leave to appeal application, and (if granted) a stay pending appeal - here in an insolvency (BIA) context.
With respect to the stay pending appeal (where leave was also required), the court states:MOTION 2: STAY PENDING APPEAL
[14] It follows that the motion for a stay pending appeal is also dismissed. There is no appeal process before this Court. The jurisdiction of an appeal court to order a stay is provided by r. 63.02(1)(b) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, and exists where “a motion for leave to appeal has been made” or when “an appeal has been taken”. Now that the motion for an extension of time to file the appeal has been dismissed, there is no appeal before this Court (see also r. 63.02(2)).
[15] Even if I had jurisdiction to do so I would have dismissed the motion, as I am not satisfied that this is an appropriate case for ordering a stay. In my view, the moving parties have not raised a serious issue to be decided on appeal. Although the pending sale of the building will put it out of reach, I am not persuaded on this record that this is non-compensable harm. A delay in the sale is prejudicial to the Receiver and creditors, whose loss will not be compensable given the bankrupt estate, therefore the balance of convenience would favor the responding party rather than the moving parties in this case.
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