Introduction:
This case involved a breach of contract dispute between Martin Gregory Nilson and Diane Cindy Nilson (appellants) and ABO Transport Ltd. (respondent). The appellants sought a stay of execution of a judgment while pursuing their appeal.

Background:
ABO Transport Ltd. claimed the Nilsons breached contracts granting ABO rights to remove and sell gravel from the Nilsons’ land. The Court of King’s Bench awarded ABO $589,828.80, including:

• $538,455.30 for breach of contract
• $1,373.50 for equipment damage
• $50,000.00 in punitive damages

After offsetting $20,397.97 for unpaid royalties owed to the Nilsons, the net judgment totaled $569,430.83, plus interest and costs.

Legal Arguments and Issues:
The Nilsons argued a stay was necessary to prevent irreparable harm, fearing funds paid to ABO would go to creditors and be unrecoverable if their appeal succeeded. ABO opposed, asserting its right to enforce the judgment.

Decision:
The Court dismissed the stay application but ordered that any funds obtained through execution be paid into the Court of King’s Bench to protect both parties’ interests. Costs were reserved for the appeal panel.