The Court of Appeal for Ontario granted a conditional stay of a summary judgment and writ of possession in a mortgage enforcement action.
The moving parties, unrepresented at trial, sought a stay pending appeal after summary judgment was granted against them and a writ of possession issued.
The court found that while the original grounds of appeal did not raise a serious question to be tried, a new ground—whether the summary judgment process was appropriate given evidence of conflict of interest and lack of independent legal advice—did raise a serious question.
The court held that denying a stay could cause irreparable harm and that the balance of convenience favoured the moving parties.
The stay was granted until July 25, 2025, with a further extension conditional on amending the grounds of appeal.
