What factors will be considered on an application for a stay of proceedings pending appeal?

British Columbia, Canada


The following excerpt is from Baker v. Baker, 1998 CanLII 6214 (BC CA):

I am content on this application to adopt the approach set out by Goldie J.A. in the case of Kingan v. Kingan (1995), 36 C.P.C. (3d) 326. That was an appeal in matrimonial proceedings relative to the proposed sale of a piece of property. I quote from the headnote at p. 326: The factors to be considered on an application for a stay of proceedings pending appeal were analogous to those on an application for an interim injunction. A three-stage test was to be applied by the courts when considering an application for either a stay or an interlocutory injunction. First, a preliminary assessment had to be made of the merits of the case to ensure that there was a serious question to be tried. Second, it had to be determined whether the applicant would suffer irreparable harm if the application was refused. Third, an assessment had to be made as to which of the parties would suffer greater harm from the granting or refusal of a stay of proceeding spending a decision on the merits.

Other Questions


What factors are considered in determining whether to proceed with an application for summary judgment? (British Columbia, Canada)
What factors will be considered by the Court of Appeal for an appeal against the findings of fact? (British Columbia, Canada)
What are the factors to be considered on an application to extend time for filing an appeal? (British Columbia, Canada)
What is the first factor under section 16.92 of the BCCA Act, s.16.92, and what factors will the court consider in deciding a relocation application? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What factors will be considered in an application to extend the time to appeal from a decision of the Master? (British Columbia, Canada)
What are the factors to be considered in an application to set aside a default judgment? (British Columbia, Canada)
What are the factors to consider in an application to amend a pleading? (British Columbia, Canada)
How have courts in BC considered factors relevant to the consideration of the first factor in a plaintiff's refusal to accept an offer to settle? (British Columbia, Canada)
What factors have been added to the list of factors that a plaintiff must consider in determining the severity of a motor vehicle accident? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.