The Attorney General of Ontario brought a motion to stay an order of a motion judge pending appeal.
The motion judge had refused to dissolve an injunction prohibiting protestors from occupying land, even though the land had been purchased by the Province of Ontario, until criminal contempt proceedings were disposed of.
The Court of Appeal granted a stay of the paragraph continuing the injunction, finding a serious issue as to its validity, irreparable harm to the public interest and land claim negotiations, and that the balance of convenience favoured a stay.
The court declined to stay the paragraph referring the contempt matter to the Attorney General for carriage.
