1.3 What happens to the order being appealed?
Bringing an appeal will not automatically stay (stop) enforcement of the order made by the decision-maker below until the appeal has been decided. This means that the appellant must obey the order under appeal, unless they apply for and are granted 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 Supreme Court under the Family Law Act, the appellant must get an order from a Supreme Court judge (see s. 234 of the Family Law Act).
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s.234 Order under appeal remain in effect, Family Law Act
To stay other orders, the appellant 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.
To bring a stay in the Court of Appeal, the appellant will file a notice of application (Form 4) and an application book that follows the paper or e-filing completion instructions for application books.
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If the appellant applies to stay the order, you can file materials in response and present arguments about why a stay should not be granted.
For more information on applications for stays of proceedings, see Section 3.2 Common applications of the Guidebook for Appellants.
