The appellant moved for a stay of the trial judge's orders pending appeal, which required him to vacate a farm property and permitted the estate to auction inventory.
The underlying dispute involved an estate settlement where the appellant agreed to vacate the property in exchange for a retirement lot and funds to build a house.
The Court of Appeal applied the RJR-MacDonald test and dismissed the motion for a stay, finding no serious issue to be tried and that the balance of convenience favoured the respondents.
The respondents' cross-motion to permit the auction to proceed was granted.
