Lincoln v. Nova Scotia (Energy Board)

Decided: 2026-10-05. Docket: CA 555423. Citation: 2026 NSCA 72 (CanLII). Procedure — Stay pending appeal — Nova Scotia Civil Procedure Rule 90.41 — Fulton test — Whether a stay is a routine remedy — An arguable issue for appeal, irreparable harm, balance of convenience — Discretionary power to stay execution and enforcement — Presumption judgment correct unless set aside — Motion for stay dismissed | Procedure — Stay pending appeal — Irreparable harm — Whether harm “cannot be quantified in monetary terms” — Disputed electricity bill and arrears — Remedy sought is financial and damages easily quantified — No realistic concern respondent could not satisfy monetary award — Balance of convenience not addressed — Motion for stay dismissed | Administrative law — Statutory appeal — Appeal limited