Stays Of Orders
What Happens to an Order being Appealed?
An order being appealed is not automatically stayed. That is, it is still in effect unless the court directs otherwise. However, an appellant can apply to stay the order pending the determination of the appeal.
To successfully obtain a stay of an order, you must show the court that:
- There is some merit to the appeal (that is, there is a serious question to be decided); and
- You would suffer irreparable harm if the stay was not guarded.If the order is regarding a family matter, the application to stay the order must be made to the court who made the order, rather than to the Court of Appeal.
Until an order is stayed, enforcement of the order being appealed can continue and the order is still in effect and parties must continue to comply with the order.