The moving party sought a stay of payment of the outstanding balance of a costs award pending the outcome of a co‑defendant’s appeal of the underlying trial decision and costs order.
The court considered the test for a stay under the Courts of Justice Act and Rules of Civil Procedure, applying the principles from RJR‑MacDonald v. Canada (Attorney General).
Although the motion raised a serious issue regarding proportional allocation of costs between defendants, the moving party had not appealed the decision and therefore could not rely on the automatic stay provision.
The court found that the moving party failed to establish irreparable harm, as the evidence only expressed concern about potential difficulty recovering funds if the appeal succeeded.
The motion for a stay was dismissed.
