Legal Blog

Stay of Order

Kakoutis v. BNS 2026 Ont CA

Mortgagors sought a stay of an eviction order pending a proposed appeal to the Supreme Court of Canada, following years of unsuccessful attempts to relitigate mortgage default issues. Mortgagors argued personal hardship and challenged the mortgagee’s enforcement steps while the mortgagee brought a cross‑motion to restrict further motions.  The motion judge denied the stay, holding that there was no serious issue and no irreparable harm, and that the balance of convenience favoured the mortgagee. The judge rejected the cross‑motion, finding that the mortgagors’ conduct had not yet reached the level of frivolous or vexatious abuse.

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