This was a motion for a stay of an order issued by Akazaki J. following a summary judgment motion.
The appellants, who own 75% of a commercial property, sought to buy out the respondents, who own 25%, under the Partnerships Act.
The respondents counter-claimed for a sale under the Partition Act, which the motion judge granted, allowing them a unilateral 90-day period to sell the property.
The appellants sought a stay of this remedy pending their appeal.
Applying the RJR-MacDonald test, the court found the appeal had sufficient merit, particularly regarding the motion judge's imposition of an unrequested remedy.
Irreparable harm was established due to the risk of the appeal becoming moot if the property sale proceeded.
The balance of convenience also favoured granting the stay.
The motion for a stay was granted, and costs were awarded to the appellants.
