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Appeal dismissed; motion judge properly varied consent stay order due to appellants' bad faith in mediation.
The appellants appealed a motion judge's decision to vary a consent stay order.
The Court of Appeal dismissed the appeal, finding that the motion judge had the power to vary the order under Rule 59.06 due to changed circumstances.
The court upheld the finding that the appellants acted in bad faith during the arbitration and mediation process, precluding them from relying on the procedural protections of those provisions.
Costs of the appeal were awarded to the respondent.
