Asad Khan

The moving parties brought a motion to transfer part of an appeal to the Divisional Court, extend the time to perfect the appeal, and stay the trial judgment pending appeal.

The underlying dispute involved three brothers and a jointly owned residential investment property, resulting in a trial judgment that dismissed a breach of contract claim and ordered partition and sale.

The Court of Appeal dismissed the motion to transfer, opting to combine the appeals under section 6(2) of the Courts of Justice Act to avoid inconsistent results.

The court granted the extension of time to perfect the appeal and granted a stay of the partition and sale order pending appeal, finding serious issues to be tried and a risk of irreparable harm.

The moving party, a church, sought an injunction restraining the termination of its commercial lease by the landlord pending its appeal of a decision validating a 30-day notice of termination.

The Court of Appeal granted the injunction, finding that the interpretation of conflicting lease amendments raised a serious issue to be tried, the church would suffer irreparable harm due to its extensive charitable operations and the risk of the appeal becoming moot, and the balance of convenience favoured the church as it continued to pay rent.