The Court of Appeal for Ontario dismissed a motion by Jonny’s Antiques Ltd. for a stay pending appeal in a mortgage enforcement dispute with 2642948 Ontario Inc. The court found that the grounds of appeal were weak, there was no evidence of irreparable harm, and the balance of convenience favoured the respondent.
The court also declined to award costs to 2642948 Ontario Inc. due to its conduct in accelerating the closing of the property sale without notice to Jonny’s Antiques Ltd.
