Legal Blog

Stay of Court Decision

Ernst & Young v. Aquino 2022 Ont CA

The individual who had fraudulently issued false invoices to his corporations wanted to appeal the Court’s ruling to the Supreme Court of Canada and stay the effect of the ruling until after the appeal was heard. Unlike an appeal to the Court of Appeal, there is no automatic stay; the Court of Appeal had to grant the stay. The test to do so is similar to the granting of an injunction: serious issue, irreparable harm, and balance of convenience. The Court refused the motion, given the appellant’s admitted fraud.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.