Background: Karen Wai King Lew was involved in foreclosure proceedings initiated by the Bank of Montreal (BMO) concerning a property in Vancouver. Lew challenged several court orders related to these proceedings and sought to stay the enforcement of these orders pending appeal.
Key Legal Issues:
- Lew's application for a stay of an order dismissing her applications to stay execution of previous orders related to the foreclosure.
- Whether Lew had legal standing and a meritorious basis to appeal the foreclosure-related orders.
Court’s Decision:
- The court dismissed Lew's application for a stay, noting that she had not been granted leave to appeal the order she sought to stay.
- The court highlighted the lack of merit in Lew's appeal of the foreclosure-related orders, stating that her arguments, including those based on the National Economic Security and Reformation Act (NESARA/GESARA) theory, had no legal foundation.
Outcome:
- The application for a stay was dismissed due to lack of merit in the appeal and because Lew had not sought necessary leave to appeal.
- The court emphasized the need for a viable argument that the lower court made an error to justify a stay, which was not present in Lew’s application??.
- The court’s decision did not specify the total amount of costs or award ordered.
