Can a court stay an execution pursuant to section 106 of the Courts of Justice Act?

Ontario, Canada


The following excerpt is from Buttarazzi v. Buttarazzi, 2009 CanLII 80136 (ON SC):

The decision most often cited with respect to the power to stay an execution pursuant to section 106 is Zanetti Estate v. Roltford Developments Ltd. [1990] O.J. No. 2584 (G.D.) The case clearly provides that the right of an execution creditor to enforce its judgment is subject to the stay power conferred by section 106, and that the court may exercise this power where it feels the actions of an execution creditor are oppressive. “The question then comes down to whether the right of an execution creditor to enforce his execution should be absolute or may a court grant a stay in circumstances other than in an appeal using the powers granted to the court under section 119 [now s.106] of the Courts of Justice Act. In my view, the power of a court to exercise the power of stay ought to be exercised in those circumstances where the actions of an execution creditor may be said to be oppressive. Not only am I mindful of the earlier decisions under the Judicature Act but also the aphorism that difficult cases can make bad law. At the same time, the facts here show that a multitude of proceedings have been put into motion to frustrate enforcement of the decision of J. Holland J. The court surely must have authority to grant a stay to prevent the frustration of a judgment or order of a court. For this reason, I order a stay pursuant to the powers given to me under section 119 [now s.106] of the Courts of Justice Act. “ [emphasis added]

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