The applicant moved for a stay of enforcement pending her appeal of an order dismissing her motion to set aside a default judgment for possession of her property.
The respondent mortgagee had claimed possession based on mortgage default.
The court applied the three-part test for a stay.
While the applicant established irreparable harm, she failed to demonstrate a serious issue to be tried, as her proposed defences—including that dishonoured cheques discharged her debt and demands for the original 'inked' mortgage—lacked legal merit.
The motion for a stay was dismissed.
