R. v. Moore

canada, canadian, case law, court opinion, canlii, onca, 2026onca608, 2026 onca 608 (canlii), 2026, onca, 608, (canlii), coa-26-cr-0895; m57368, 2026, procedure, motions, stay pending appeal, costs order in criminal proceeding, whether a stay pending appeal should be granted, rjr, macdonald inc. v. canada (attorney general) framework applied, risk of funds being dissipated and costs of execution considered, balance of convenience assessed, stay granted, statutory interpretation, court rules, criminal appeal rules, criminal appeal rules, r. 21(12)(e), criminal code, ss. 482(1), 683(3), whether r. 21(12)(e) is inconsistent with the criminal code, allocation to a single judge of jurisdiction vested in the court, no impediment to single, judge jurisdiction, jurisdiction confirmed, procedure, interlocutory relief, stay pending appeal, serious issue to be tried, whether the crown’s appeal grounds are arguable, correct standard for ordering costs, marked and unacceptable departure, whether costs against the crown may be ordered for police misdeeds and disclosure failings, binding authority said to be misapplied, serious issue found, procedure, motions, stay pending appeal, irreparable harm and balance of convenience, whether non, repayment risk and collection expense establish irreparable harm, possible encumbrance or sale of property pending appeal considered, lack of evidence beyond bare assertions on inability to fund appeal, paying then repaying would accomplish nothing, stay granted