Does filing materials and continuing litigation pending appeal constitute irreparable harm?
Ontario, Canada
The following excerpt is from Fehr v. Sun Life Assurance Company of Canada, 2014 ONSC 3447 (CanLII):
Filing materials and continuing litigation which an appeal is pending does not constitute irreparable harm: Noble v. Noble, [2002] O.J. No. 2997 at para. 17 (S.C.J.). Any costs incurred are easily quantifiable and can be compensated by costs awards, among other things: Baxter v. Canada (Attorney General), [2005] O.J. No. 2165 at para. 11 (S.C.J.). Balance of Convenience
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