An Appeal on the Facts Disguised as a Question of Law

By Sarah D. Pinsonnault In Gestion 1050 de la Montagnec. Gestion Furst inc., 2014 QCCA2059, the Petitioners sought an order staying the execution of a Court ofAppeal judgment pending appeal to the Supreme Court of Canada pursuant toarticle 522.1 C.C.P and section 65.1(2) of the Supreme Court Act. The criteria to be met forsuch an order are the following: (1) the existence of a serious question to bedecided on appeal by the Supreme Court, (2) the applicant for the stay willsuffer irreparable harm if the stay is refused, and (3) the balance ofinconvenience between the parties favours the granting of the stay. The learnedappeal judge sitting alone focused his analysis mainly on the first criterion andconcluded that there was « no serious question of law » being raised. In fact, thequestions submitted by the Petitioners were considered to be ill-disguisedattempts to have an issue of fact retried as a question of principle…. Lire la suite