Background

As described by Justice Myers in his Endorsement of March 19, 2020, Mr. and Ms. Hrvoic “seem to have no appetite to cease their unilateral tactical maneuvers and to sit down to discuss disentangling their affairs in a businesslike manner.”

The underlying dispute in this case relates to the husband’s Application seeking a buyout of the wife’s shares in the family business. On March 2, 2020, he purportedly terminated the wife’s employment at the company without notice or pay in lieu. In response, the wife surreptitiously borrowed $600,000 from the parties’ line of credit which was secured against assets in the husband’s name alone.

The husband’s Application was scheduled for a hearing on March 10, 2020 before Justice Dow. At that time, the wife sought an adjournment in order to bring a Motion concerning a privilege claim asserted by the husband. In the course of granting that adjournment, Justice Dow ordered the wife to repay $500,000 of the $600,000 borrowed from the parties’ line of credit by March 18, 2020, which the wife has not done. The wife wishes to appeal Justice Dow’s Order and is now urgently seeking a stay of that Order pending its appeal.

Decision

Although the underlying dispute is not at all urgent, Justice Myers notes that the parties have made the stay application urgent as a result of their unilateral conduct. Given the time sensitive nature of the Order, the issue of whether the Order ought to be stayed has become an urgent one. As such, Justice Myers ordered that the husband shall file materials by noon of March 25, 2020 and that the wife shall do the same by noon of March 27, 2020. The matter is then scheduled to be heard on March 30, 2020 via teleconference.

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