The appellant, Marcel Guibord, brought an urgent motion to the Court of Appeal for an order staying a writ of possession obtained by the respondent, National Bank of Canada, following a summary judgment.
The motion judge dismissed the stay, finding that the appellant failed to meet the three-part test for a stay.
The court determined there was no serious issue to be tried as the appellant's grounds of appeal, relating to Indigenous land claims, were irrelevant to the straightforward commercial default on a mortgage.
Furthermore, the appellant would not suffer irreparable harm as any losses were compensable by damages, and the balance of convenience favored the respondent given the presumptively valid summary judgment, the appellant's delay in bringing the motion, and his history of outstanding costs awards.
