The appellants sought a stay pending appeal of a family law order rejecting a variation application, maintaining support at $5,000 per month, fixing arrears, and requiring assignment of a second mortgage as security.
Applying the stay pending appeal test, the court held there was no sufficient showing of irreparable harm and that the balance of convenience favoured the respondent.
The court also noted concerns about the merits and the moving party's unilateral reduction of support payments contrary to the existing order.
The stay motion was dismissed, security for costs was refused, and motion costs were fixed in favour of the respondent.
