Carlow-Byrne v. Byrne

canada, canadian, case law, court opinion, canlii, nsca, 2026nsca56, 2026 nsca 56 (canlii), 2026, nsca, 56, (canlii), ca 553074, 2026, family, corollary relief, matrimonial property, net sale proceeds held in trust, corollary relief order awarded an equal share of net proceeds, motion to retain funds in lawyer’s trust pending appeal, opposed release ordered immediately to respondent, motion dismissed, procedure, stay pending appeal, civil procedure rule 90.41, fulton test, whether irreparable harm must be shown for a stay, applicant bears burden on balance of probabilities, court declines to determine arguable issue where irreparable harm not established, stay refused, motion dismissed, procedure, stay pending appeal, irreparable harm, r.j.r., macdonald v. canada (attorney general), whether harm is not quantifiable or cannot be cured, claim funds needed for retirement, medical costs, and child expenses, ability to collect from respondent central, irreparable harm not made out, motion dismissed, evidence, affidavit evidence, undertaking to repay, respondent’s affidavit confirms employment, income, child support compliance, undertaking to repay ordered amount if appeal succeeds, whether evidence shows funds would be recoverable, uncontroverted means to repay relied upon, irreparable harm not established, motion dismissed