Appgear Mortgage Investment Limited Partnership v. Longobardi

Decided: 2026-10-02. Docket: COA-26-CV-1015; M57597. Citation: 2026 ONCA 711 (CanLII). Procedure — Stay pending appeal — Rules of Civil Procedure, r. 63.02(1) — RJR-MacDonald Inc. v. Canada (Attorney General) — Whether a stay of enforcement should be granted pending appeal — Interconnected factors and interests of justice considered, including Zafar v. Saiyid — Motion to stay enforcement of order refusing to set aside default judgment — Stay dismissed | Procedure — Stay pending appeal — Serious question to be tried — Mountain View Farms Ltd. v. McQueen — Whether the appeal raises a serious question to be tried on alleged misapplication of the “air of reality” standard — Request to reweigh findings of fact based on appellant’s own evidence — No identified legal error in reasons — Serious qu