Can a Notice of Appeal be stayed?
Nova Scotia, Canada
The following excerpt is from 327991 Nova Scotia Limited v. N2 Packaging Systems, LLC, 2021 NSCA 2 (CanLII):
As Beveridge, J.A. noted in Colpitts v. Nova Scotia Barristers’ Society, 2019 NSCA 45, the filing of a Notice of Appeal does not freeze the enforcement of the order being appealed. A stay may be the appropriate mechanism to “ensure that the statutory right to challenge the correctness of a lower court’s decision is not rendered illusory…” (at para. 19).
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