The moving parties sought an interim stay of enforcement proceedings, specifically a notice to vacate their residence, pending the outcome of their appeal.
The responding party held a second mortgage on the residence that had been in default for years, and had obtained a default judgment and a lifting of previous stays.
Applying the RJR-MacDonald test, the Court of Appeal found there was a serious question to be adjudicated, but the moving parties failed to establish irreparable harm or that the balance of convenience favoured a stay.
The motion for a stay was dismissed.
