Does the statute requiring that the judge who made the order for a stay have to hear the application for the stay?
British Columbia, Canada
The following excerpt is from Berrie v. Rollins, 1996 CanLII 2283 (BC SC):
11. In my view, the statute does not require that the judge who made the order hear the application for a stay. The judge who made the original order has the advantage of having heard all of the evidence and submissions of counsel in reaching his or her decision. However, there are also disadvantages, such as those referred to by Prowse J. in Gold v. Gold, where a judge sits on a stay application of his or her own order. Furthermore, a requirement that the judge who made the order hear the stay application may be impractical and inconvenient because of the judge's commitments to other matters or to his or her travel schedule. PRINCIPLES APPLICABLE TO STAY APPLICATIONS
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