The plaintiffs obtained a judgment against the defendant in Belgium and subsequently sought to enforce it in Ontario after discovering the defendant had moved to Canada.
After the plaintiffs obtained summary judgment recognizing the foreign judgment, the defendant appealed, triggering an automatic stay of enforcement.
The plaintiffs brought a motion to lift the stay and for security for costs.
The Court of Appeal partially lifted the stay to allow the plaintiffs to examine the defendant in aid of execution, finding the appeal appeared frivolous and the plaintiffs had suffered hardship due to delay.
The motion for security for costs was dismissed as there was insufficient evidence that the defendant lacked assets in Ontario.