Dableh v. Ontario Hydro
T-1422-90
MacKay J.
12/9/94
4 pp.
Application to stay execution of order for costs pending consideration of plaintiff's appeal to Court of Appeal -- Muldoon J. awarding costs to defendant after long trial of patent action -- Test for stay of execution analogous to test for interlocutory injunction-Significance of costs taxed not constituting irreparable harm even if that results in personal bankruptcy of party -- Plaintiff unlikely to suffer irreparable harm if now required by defendant to pay costs taxed and later successful on appeal -- Not meeting test for stay as no evidence of irreparable harm -- Interests of justice not served by granting stay -- Application dismissed.
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