Key Points:

• Appeal Background: Stayside Corporation Inc. appealed a summary judgment that dismissed its action seeking specific performance of an agreement to purchase half a property from Cyndric Group Inc. and Richard Menard. The summary judgment was granted because Stayside failed to take steps to obtain property severance within four years, amounting to an anticipatory breach.
• Motions Discussed:
  1. Representation by Non-Lawyer: The court granted Stayside's president, Charles Guilbault, permission to represent the company in the appeal. Although Guilbault lacks formal legal training, he is Stayside's sole director and has experience in real estate development. The respondents did not oppose this motion.
  2. Security for Costs: The respondents requested security for costs totaling $60,000, arguing that the appeal was frivolous and that Stayside had insufficient assets to cover costs. The court dismissed the motion for security for costs, citing the delay in bringing the motion and the minimal impact of such an order given the proximity of the hearing date. (This amount represents the costs awarded to the respondents on the summary judgment motion ($50,000) as well as the costs they expect to seek if they prevail on the appeal ($10,000).

Conclusion:

The court allowed Guilbault to represent Stayside and denied the respondents' request for security for costs, allowing the appeal to proceed as scheduled on September 20, 2024.