Unnamed professional

The tenant brought a motion to stay an eviction order pending its appeal of a decision finding it failed to validly exercise its option to renew a commercial lease.

The court first determined that the appeal properly lay to the Court of Appeal, not the Divisional Court, and transferred the appeal.

Sitting as a Superior Court judge, the court then applied the RJR-MacDonald test and granted the stay, finding the appeal raised a serious issue, the tenant would suffer irreparable harm to its business if evicted, and the balance of convenience favoured the tenant.