The appellant, Robert Hryniak, brought a motion to extend the time to perfect his appeal from a summary judgment finding he defrauded the respondents.
The respondents opposed and brought cross-motions to lift the stay pending appeal and for security, citing concerns that the appellant was dissipating assets, specifically his matrimonial home.
The Court of Appeal analyzed the test for extending time, including a detailed review of the merits of the appeal concerning the newly amended Rule 20 summary judgment powers.
The Court granted the extension of time but, to prevent prejudice and asset dissipation, imposed strict terms requiring the appellant to post a $950,000 letter of credit and provide an undertaking not to encumber assets.
The respondents' cross-motions were dismissed.
