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The court granted a stay of a specific performance judgment pending an expedited appeal to prevent irreparable harm to a commercial business.
The appellants brought a motion to stay a judgment granting specific performance of an agreement of purchase and sale for their commercial property.
The court applied the three-part test for a stay: serious question, irreparable harm, and balance of convenience.
The court found the serious question threshold was met, acknowledged the irreparable harm to the appellants' business, and determined the balance of convenience favoured the appellants if the appeal was expedited.
The motion for a stay was granted, contingent on an expedited appeal schedule, and costs were awarded to the appellants.
