1.3 What happens to the order you are appealing?
Bringing an appeal will not automatically stay (stop) enforcement of the order made by the decision-maker below until your appeal has been decided. This means that you must obey the order you are appealing, unless you apply for and the Court grants you a stay.
Key Terms
Stay: to postpone a proceeding or process of execution pending the outcome of an appeal
To stay an order made in the Supreme Court under the Family Law Act, you must get an order from a Supreme Court judge (see s. 234 of the Family Law Act).
Read the Rules
s.234 Order under appeal remain in effect, Family Law Act
To stay other orders, you may need to bring an application in chambers to a judge of the Court of Appeal. In other cases, the stay may need to be brought to the BC Supreme Court, depending on the type of order you are seeking the stay on.
To bring a stay to the Court of Appeal, you file a notice of application (Form 4) and an application book that follows the paper or e-filing completion instructions for application books.
Find the Form
Form 4 Notice of Application
For more information on obtaining a stay, see Section 3.2 - Common Applications.
