Background: Giulio Miceli and Miceli Investments Ltd. appealed an order from the Supreme Court of British Columbia that stayed their petition to declare Stagewest Winery Limited Partnership bankrupt. The appeal focused on sections 43(10) and (11) of the Bankruptcy and Insolvency Act (BIA), which provide the court with discretion to stay bankruptcy proceedings.

Key Legal Arguments/Issues:

• Bankruptcy Conditions: The appellants claimed Stagewest had failed to meet its liabilities generally as they became due.
• Court’s Discretion: The lower court stayed the proceedings to allow Stagewest to clarify its financial situation and secure payment of $365,375 into court.
• Evidence and Credibility: The court considered evidence from Stagewest’s director, Mr. Pechet, indicating efforts to resolve debts and raise funds.

Decision and Costs: The Court of Appeal found that the lower court had exercised its discretion appropriately and that the appellants failed to show a clear error. The appeal was dismissed. The respondent, Stagewest Winery Limited Partnership, was awarded costs.

Total Amount of Costs/Award: The specific total amount of costs awarded to the respondent was not detailed in the document.