The moving parties sought a stay of a Court of Appeal order pending their application for leave to appeal to the Supreme Court of Canada.
The underlying dispute concerned whether estate files related to the estates of Bernard Sherman and Honey Sherman should remain sealed.
The application judge had ordered the files sealed for two years to protect privacy and safety interests.
The Court of Appeal reversed this order, finding that privacy interests were not properly considered at the first stage of the Sierra Club test and that any risk of harm was speculative.
The motion judge granted the stay, finding that the moving parties had met the test under section 65.1(2) of the Supreme Court Act and that all three factors for a stay were satisfied: a serious question to be determined, irreparable harm if the stay were refused, and a balance of convenience favouring the stay.