Does the risk of a moot appeal constitute irreparable harm?

Nova Scotia, Canada


The following excerpt is from Intact Insurance Company v. Malloy, 2019 NSCA 85 (CanLII):

It is also important to remember that the risk of a moot appeal does not automatically constitute irreparable harm (see Colpitts v. Nova Scotia Barristers’ Society, 2019 NSCA 45 at para. 51). Other than stating that it would suffer serious prejudice and irreparable harm if a stay were not granted, nothing of substance was offered by the appellant. In the specific context of this case, I see no irreparable harm to the appellant. Balance of convenience test—who would incur greater harm if the stay is not granted?

Other Questions


What is the impact of a determination by the appeal panel or by the court of appeal? (Nova Scotia, Canada)
On a de novo appeal, can the issue under appeal be decided afresh? (Nova Scotia, Canada)
What grounds of appeal have been established against the factual finding in a motion of appeal? (Nova Scotia, Canada)
What is the test for extending the time to appeal against a decision by the Court of Appeal? (Nova Scotia, Canada)
What grounds of appeal have been used in an appeal under s. 686(1)(a)(ii) of the Criminal Code of Canada? (Nova Scotia, Canada)
Can an appeal against a sentencing decision be heard by the Court of Appeal? (Nova Scotia, Canada)
What is the standard of review for appeal where a ground of appeal raises an error of law? (Nova Scotia, Canada)
What are the grounds of appeal in a case brought by the Court of Appeal? (Nova Scotia, Canada)
What constitutes assault causing bodily harm? (Nova Scotia, Canada)
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.