Bell v Ball

canada, canadian, case law, court opinion, canlii, nlca, 2026nlca14, 2026 nlca 14 (canlii), 2026, nlca, 14, (canlii), 202601h0018, 2026, procedure, stays pending appeal, interlocutory appeal, rjr, macdonald inc. v. canada (attorney general), whether a stay of an order pending an interlocutory appeal should be granted, three, part test applied, serious issue, irreparable harm, balance of convenience, none of the criteria established, application for a stay dismissed, evidence, affidavits, cross, examination, whether the judge erred by refusing leave to cross, examine on an affidavit, decision treated as discretionary, cross, examination found unnecessary and a “fact, finding expedition”, deference on review absent error in principle or manifest injustice, szeto v. dwyer, no serious issue established, application for a stay dismissed, procedure, stays pending appeal, irreparable harm, whether irreparable harm would result if the application proceeds without cross, examination, denial of cross, examination not deciding merits of the application or statement of claim, further expense and time to commence proceedings elsewhere not irreparable harm, ability to appeal on merits later noted, irreparable harm not established, application for a stay dismissed, procedure, balance of convenience, proportionality, whether balance of convenience and public interest favour a stay, delay to resolution and efficient use of limited court resources considered, interlocutory appeal of a discretionary trial management decision found not a proportional response, public interest in trials proceeding without unnecessary interruptions accepted, balance favours ongoing proceedings, application for a stay dismissed