SFC litigation Trust v. Chan

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeBrown J.A.
Neutral Citation2018 ONCA 710
Citation2018 ONCA 710
Docket NumberM49537 (C65247)
Date30 August 2018

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7 practice notes
  • Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
    • Canada
    • Mondaq Canada
    • May 12, 2023
    ...2021 ONCA 364,Health Genetic Center Corp. (Health Genetic Center) v. New Scientist Magazine, 2019 ONCA 576,SFC Litigation Trust v. Chan,2018 ONCA 710,Digiammatteov.Leblanc(1989), 71 O.R. (2d) 130 (C.A.) Entes Industrial Plants Construction & Erection Contracting Co. Inc. v. Centerra Gold In......
  • Court Of Appeal Summaries (January 16 ' 20, 2023)
    • Canada
    • Mondaq Canada
    • January 24, 2023
    ...Ltd. (1994), 19 O.R. (3d) 547 (Ont. C.A.), Horeca Financial Services v. Light, 2014 ONCA 811, SFC Litigation Trust v. Chan, 2018 ONCA 710, Mortimer v. Cameron, [1993] O.J. No. 4169 (C.A.) Gefen v. Gefen, 2023 ONCA 19 Keywords: Wills and Estates, Capacity, Estate Trustees During Litigation, ......
  • ​Top 4 Considerations When Seeking A Stay Pending Appeal, Judicial Review
    • Canada
    • Mondaq Canada
    • May 31, 2022
    ...to fund the appeal and continued possession of it in the event that the appeal is successful' (SFC Litigation Trust(Trustee of) v. Chan, 2018 ONCA 710, at para. The automatic stay under Rule 63.01(1) does not apply, however, where leave to appeal is required or where the lower court ordered......
  • Stays Pending Appeal And Judicial Review: What You Need To Know
    • Canada
    • Mondaq Canada
    • May 27, 2022
    ...respondent to repay or provide security for the amount paid; and The merits of the appeal. See SFC Litigation Trust (Trustee of) v. Chan, 2018 ONCA 710 at paras. 7-10. 3. Does the Appellant Require an Order for a Stay? If there is no automatic stay, the appellant or applicant may need to co......
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2 cases
  • Hrvoic v. Hrvoic
    • Canada
    • Court of Appeal (Ontario)
    • April 27, 2023
    ...The chambers judge referred to the “demonstrable and unusual hardship” test in SFC Litigation Trust v. Chan, 2018 ONCA 710, 66 C.B.R. (6th) 239, when he assessed the respondent’s financial need. However, in my view, the principles in Digiammatteo v. Leblanc (1......
  • The Innkeepers S.R.L. v Enthusiast Gamining Holdings Inc.
    • Canada
    • Court of Appeal (Ontario)
    • December 5, 2025
    ...and discretionary remedy, based on the circumstances of the case and the interests of justice: see SFC Litigation Trust v. Chan, 2018 ONCA 710, at para. 9; Mortimer v. Cameron, [1993] O.J. No. 4169 (C.A.), at para. 2; and Waxman v. Waxman, 2002 CanLII 45101 (Ont. C.A.), at para. 9. As Weile......
4 firm's commentaries
  • Court Of Appeal Summaries (April 24, 2023 ' April 28, 2023)
    • Canada
    • Mondaq Canada
    • May 12, 2023
    ...2021 ONCA 364,Health Genetic Center Corp. (Health Genetic Center) v. New Scientist Magazine, 2019 ONCA 576,SFC Litigation Trust v. Chan,2018 ONCA 710,Digiammatteov.Leblanc(1989), 71 O.R. (2d) 130 (C.A.) Entes Industrial Plants Construction & Erection Contracting Co. Inc. v. Centerra Gold In......
  • Court Of Appeal Summaries (January 16 ' 20, 2023)
    • Canada
    • Mondaq Canada
    • January 24, 2023
    ...Ltd. (1994), 19 O.R. (3d) 547 (Ont. C.A.), Horeca Financial Services v. Light, 2014 ONCA 811, SFC Litigation Trust v. Chan, 2018 ONCA 710, Mortimer v. Cameron, [1993] O.J. No. 4169 (C.A.) Gefen v. Gefen, 2023 ONCA 19 Keywords: Wills and Estates, Capacity, Estate Trustees During Litigation, ......
  • ​Top 4 Considerations When Seeking A Stay Pending Appeal, Judicial Review
    • Canada
    • Mondaq Canada
    • May 31, 2022
    ...to fund the appeal and continued possession of it in the event that the appeal is successful' (SFC Litigation Trust(Trustee of) v. Chan, 2018 ONCA 710, at para. The automatic stay under Rule 63.01(1) does not apply, however, where leave to appeal is required or where the lower court ordered......
  • Stays Pending Appeal And Judicial Review: What You Need To Know
    • Canada
    • Mondaq Canada
    • May 27, 2022
    ...respondent to repay or provide security for the amount paid; and The merits of the appeal. See SFC Litigation Trust (Trustee of) v. Chan, 2018 ONCA 710 at paras. 7-10. 3. Does the Appellant Require an Order for a Stay? If there is no automatic stay, the appellant or applicant may need to co......