What is the test for a stay of enforcement order pending appeal?

Newfoundland and Labrador, Canada


The following excerpt is from Weir’s Construction Limited v Warford Estate, 2016 NLCA 65 (CanLII):

The three-pronged test to be applied in determining whether to grant a stay of enforcement of the order pending appeal is discussed in Rees v. Royal Canadian Mounted Police, 2005 NLCA 4, 244 Nfld. & P.E.I.R. 72.

Other Questions


What is the test for a judge to order that an appellant be released from custody pending appeal? (Newfoundland and Labrador, Canada)
What is the scope of intervention of the Court of Appeal into an order of custody and child support following divorce? (Newfoundland and Labrador, Canada)
Is this appeal to the Court of Appeal moot? (Newfoundland and Labrador, Canada)
What are the considerations used in settling an application for leave to appeal rule 38 of the Court of Appeal? (Newfoundland and Labrador, Canada)
What is the test for a party to appeal against a finding of error at the Court of Appeal? (Newfoundland and Labrador, Canada)
What are the grounds of appeal for reinstatement in a Notice of Appeal? (Newfoundland and Labrador, Canada)
Is an order designating a plaintiff for carriage of a class action a final order? (Newfoundland and Labrador, Canada)
Does Scottish & York need leave to appeal an interlocutory order regarding liability? (Newfoundland and Labrador, Canada)
What is the standard of review applicable to a motion to appeal against a motion for summary judgment? (Newfoundland and Labrador, Canada)
What is the test for a motion to stay a custody order? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.