The moving party, a tenant with an unregistered 10-year lease, sought a stay of a judgment declaring his lease unenforceable against the responding party bank, which held a registered mortgage on the property.
The bank had moved for a writ of possession following the mortgagor's default.
Applying the RJR MacDonald test, the court found a serious issue to be tried, irreparable harm if the tenant were evicted, and a balance of convenience that favoured granting the stay on strict terms.
The stay was granted on the condition that the tenant pay a lump sum for arrears and ongoing monthly payments pending the appeal.
