Does this court have jurisdiction to issue a stay of a deportation order pursuant to section 134(2) of the Courts of Justice Act?
Ontario, Canada
The following excerpt is from Chaudhary v. Canada (Minister of Public Safety and Emergency Preparedness), 2015 ONCA 251 (CanLII):
In Ahani v. Canada (Attorney General), 2002 O.J. No. 90, Feldman J.A. held that this court has jurisdiction to issue a stay of a deportation order that has been issued pursuant to s. 134(2) of the Courts of Justice Act, if the criteria of the section are met. That subsection provides: 134(2) On motion, a court to which a motion for leave to appeal is made or to which an appeal is taken may make any interim order that is considered just to prevent prejudice to a party pending the appeal.
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