The moving parties sought a stay pending appeal of a summary judgment in a mortgage enforcement action that required them to vacate their residential home.
The responding party had obtained a writ of possession after the moving parties defaulted on a loan of $843,750.
Applying the RJR MacDonald test, the motion judge found the appeal had little merit and the moving parties had not identified a valid defence.
However, weighing the interests of justice, the court was concerned that immediate enforcement would cause serious harm to the moving parties' three children, including one child with autism.
A stay was granted until March 30, 2026 to permit an orderly transition, with no costs awarded given divided success.
