The appellants sought a stay of an eviction order regarding their property pending their application for leave to appeal to the Supreme Court of Canada.
The respondent brought a cross-motion under Rule 37.16 to prohibit the appellants from bringing further interlocutory motions without leave.
The Court of Appeal dismissed the stay motion, finding the appeal devoid of merit and that the balance of convenience favoured the respondent.
The cross-motion was also dismissed, as the court found the appellants had not yet brought a multiplicity of frivolous or vexatious motions to the court at this stage.
