Translink France Outre Mer S.A. v. Pegasus Lines Ltd. S.A.
A-131-96
Hugessen J.A.
24/5/96
4 pp.
Application to stay judgment of Court rendered May 1, 1996 pending application for leave to appeal to Supreme Court of Canada-Stay of judgment meaning vessel in question would stay under seizure-Applicant must demonstrate appeal raises serious question and without stay applicant would suffer irreparable harm-Balance of inconvenience to both parties must also be assessed-Application dismissed-At trial, Judge made findings of fact on decisive questions against applicant and findings not manifestly wrong to allow appellate Court to overturn-This view not raising serious question of law-On question of irreparable harm, if vessel sails, subject matter of proposed appeal to Supreme Court rendered nugatory-Balance of inconvenience not weighing in favour of one or other party-Owner of vessel may suffer unrecoverable damage if profit-making machine prevented from sailing-If inclined to grant stay, Court would have insisted applicant undertake to pay damages as condition of stay.