The applicant housing cooperative brought a motion to lift the stay of enforcement of a Writ of Possession pending the respondent's appeal of the eviction order.
The Divisional Court dismissed the motion, finding no compelling evidence of a risk of serious physical harm to the cooperative or its residents that would constitute irreparable harm.
The court also found that the balance of convenience and prejudice favoured the respondent, as lifting the stay would require her to vacate her home of 25 years and potentially deprive her of statutory protections under the Co-operative Corporations Act if her appeal succeeded.
