Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions | Constitutional Decisions

Good evening.

In Alectra Utilities Corporation v Solar Power Network Inc, 2019 ONCA 332, the Court denied a stay of enforcement pending the seeking of leave to appeal to the Supreme Court of Canada.  Although there was a serious issue to be heard on the appeal in the event leave is granted, and the possibility of irreparable harm to the appellant in the event it could not recover payment from the respondent in the event the appeal was successful, the Court concluded that the balance of convenience favoured the respondent. The respondent was having liquidity problems and needed funds imminently to pay creditors. The risk of irreparable harm to the appellant was minimized by the fact that the respondent had assets that could be liquidated to repay the appellant. In addition, the appellant was worth billions, and the amount of the judgment ($14 million) was relatively small by comparison.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (APRIL 22 – 26, 2019)