The appellant moved for a stay pending appeal of an order directing the sale of the matrimonial home.
The appellant argued the motion judge erred by ordering the sale under the Partition Act when it had not been explicitly pleaded.
Applying the RJR-MacDonald test, the court found there was a serious issue to be tried but concluded the appellant failed to demonstrate irreparable harm, as any harm would be purely monetary.
The balance of convenience also favoured the respondent, who needed access to the home's equity.
The motion for a stay was dismissed.
