Barbara Frederikse

Following the disposition of a motion for a stay pending appeal, the court awarded costs of the motion to the responding parties, fixed in the amount of $4,625.00 inclusive of disbursements and taxes.

The moving party (appellant) sought a stay pending appeal of an order removing notices it had registered on the responding parties' land.

The moving party claimed an interest in the land based on a contingent option to purchase in a Development Management Agreement.

The Court of Appeal dismissed the motion for a stay, finding no serious question to be tried because the option likely offended the rule against perpetuities, and the moving party failed to establish irreparable harm or that the balance of convenience favoured a stay.