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Creditors & Debtors Law - Execution - Stay of execution - Pending appeal

Thursday, November 24, 2016 @ 7:00 PM  


Application by the appellant, 6517633 Canada, for a stay of execution of a Court of Appeal judgment pending an application for leave to appeal to the Supreme Court of Canada. The respondent commenced an action against the appellant to recover credit advanced to the appellant for seed grain and other goods and services. The appellant alleged that the respondent’s litigation caused its tenants to discontinue lease arrangements on its farmlands due to a fear their grain would be seized by the respondents. The appellant consequently counterclaimed for damages for breach of an agreement to forebear from litigation. The respondent obtained summary judgment in the amount of $248,560. The chambers judge did not rule on the counterclaim due to insufficient evidence adduced by the appellant. The chambers judge severed the counterclaim from the main action and declined to stay the respondent’s judgment pending determination of the counterclaim. The appellant appealed the ruling declining a stay. The Court of Appeal dismissed the appeal, finding no arguable case in favour of a stay, or prejudice to the appellant from refusal of a stay. The appellant sought a stay of execution pending determination of leave to appeal to the Supreme Court of Canada.

HELD: Application dismissed. As set out in the decisions below, the appellant failed to establish an arguable case. The appellant did not proffer any evidence that a miscarriage of justice or irreparable harm would result in the absence of the relief sought. There was no additional information that presented meaningful consideration of the appellant’s application. A stay of execution was accordingly refused.