How has section 5 of the Rules of Appeal been interpreted in the context of an application for leave to appeal a decision refusing to grant a stay?
British Columbia, Canada
The following excerpt is from Stasiewski v. Stasiewski, 2006 BCCA 53 (CanLII):
In Bennett v. Bennett, 2002 BCCA 580, Mr. Justice Donald considered that section in the context of an application for leave to appeal a decision refusing a stay of proceedings pending an appeal of an order distributing family assets on an equal basis, and an order staying a refusal to grant a stay until the main appeal was decided. In the course of dismissing the application, he said:
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