The Law Society of Ontario (LSO) brought a motion for a stay of a Divisional Court costs order, pending the determination of its motion for leave to appeal the Divisional Court's substantive decision.
The Divisional Court had allegedly ruled on costs without affording parties an opportunity for submissions.
The Court of Appeal granted the stay, applying the three-part test from RJR-MacDonald.
The court found a serious issue regarding both the substantive decision and the costs order, irreparable harm to the LSO if required to pay out monies that might be unrecoverable, and that the balance of convenience favored the stay, especially given its limited duration and the LSO's automatic entitlement to a stay if leave to appeal is granted.
