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ARTICLE · 25 OCTOBER 2022

Court Of Appeal Summaries (October 17 – 21, 2022)

Blaney McMurtry LLP
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In Caja Paraguyaya De Jubilaciones Y Pensiones Del Personal De Itaipu Binacional v. Obregon, the Court clarified the issue of whether the civil standard for stay pending appeal, or the criminal standard...

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
Ines Ferreira
Ines Ferreira
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Good afternoon.

In Caja Paraguyaya De Jubilaciones Y Pensiones Del Personal De Itaipu Binacional v. Obregon, the Court clarified the issue of whether the civil standard for stay pending appeal, or the criminal standard for bail pending appeal, applies to a party being held in civil contempt. The Court held that the proper procedure is to apply the civil standard for stay pending appeal, but the factors in the RJR-MacDonald test can be influenced by the principles underlying applications for bail pending appeal as outlined in R. v. Oland.

In 402 Mulock Investments Inc. v. Wheelhouse Coatings Inc., the Court was asked by a Landlord to determine whether a deposit held by the Landlord had been wrongfully ordered to be returned to the Tenant pursuant to the default provision of the Lease. The Court determined that, as the Tenant was in default under the Lease, the Landlord should not have been ordered to return the deposit. The Court also considered the

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