The moving party, who defaulted on a residential mortgage, sought to stay the enforcement of a summary judgment and writ of possession pending her appeal.
The motion judge had granted summary judgment to the respondent lender after finding no evidence to support the moving party's allegations of fraud.
The Court of Appeal applied the RJR-Macdonald test and dismissed the motion for a stay, finding no serious issue to be tried, no irreparable harm since loss of possession was a bargained-for consequence of default, and that the balance of convenience favoured the lender who had been deprived of its security for two years.
