Alfons Koster International Forwarders Ltd. v. Unispeed Group Inc.
T-1452-92
Muldoon J.
16/4/93
4 pp.
Application to stay order setting aside default judgment and garnishing order, and rescinding attachment of debts pending disposition of appeal against it -- Plaintiff showing arguable case on appeal -- Breaching no law or Rules of Court in obtaining default judgment -- Defendant SGS presently likely to be able to satisfy judgment, but evincing certain degree of impermanence and potential quicksilver-like mobility -- Plaintiff's appeal could be rendered nugatory -- Application allowed as against SGS as no evidence other defendant served with notice of proceedings -- Battle Creek Toasted Corn Flake Co. Ltd. v. Kellogg Toasted Corn Flake Co. (1923), 55 O.L.R. 127 (App. Div.); New Brunswick Electric Power Commission v. Maritime Electric Co. Ltd. and National Energy Board (1985), 60 N.R. 203 (F.C.A.) applied.