The plaintiff brought a motion in the Court of Appeal to advance an appeal from a mortgage enforcement action, seeking to set aside a certificate of stay, dismiss the appeal, and obtain a writ of possession.
The defendants had appealed a refusal to set aside a default judgment to the wrong court and improperly obtained a certificate of stay from the registrar.
The motion judge granted the plaintiff's sole shareholder leave to represent the corporation, set aside the improperly issued certificate of stay, and ordered the defendants to perfect their appeal by a fixed date.
Requests for a writ of possession and immediate dismissal of the appeal were denied.
