When a party to litigation is enjoined from doing something by a judge, can they proceed with an appeal against the injunction?
British Columbia, Canada
The following excerpt is from Vancouver (City) v. Weeds Glass & Gifts Ltd., 2019 BCCA 190 (CanLII):
When a party to litigation is enjoined from doing something by a judge, the filing of an appeal does not suspend the effect of the order. A court order must be obeyed unless and until it is stayed or reversed: Larkin v. Glase, 2009 BCCA 321 at para. 7. An enjoined party who wishes to appeal the injunction must either obey the injunction and proceed with the appeal, or seek a stay of the injunction pending determination of the appeal so that the effect of the injunction is deferred until the appeal has concluded. What is not permissible is to simply ignore the order.
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