Louis v Poitras, 2020 ONCA 815

• Published date: 25 January 2021
• Law Firm: McLeish Orlando LLP
• Author: Mr Dale Orlando and Ryan Marinacci

The Court of Appeal for Ontario in Louis v Poitras, 2020 ONCA 815 recently granted the Plaintiffs' motion for a stay of the Divisional Court's Order in which it allowed the Defendants' appeal from the motion judge's decision to strike the jury notice in light of the COVID-19 pandemic. The Court of Appeal also ordered that the Plaintiffs' motion for leave to appeal from the Divisional Court's Order and the appeal on the merits be heard on an expedited basis given that the trial in this action was scheduled to commence on February 22, 2021.

The Court considered the three-part test on a motion to stay an order pending appeal pursuant to R63.02(1)(b) as set out by the Supreme Court of Canada in RJR-MacDonald Inc v Canada (Attorney General), 1994 CanLII 117 (SCC):

• is there a serious question to be tried (i.e., to be determined on the appeal,
• will the moving party suffer irreparable harm if the stay is not granted, and
• does the balance of convenience favour granting the stay?

Here, the Court found that all three factors supported...