What is the effect of a judicial decision pending its appeal?
Saskatchewan, Canada
The following excerpt is from Prince Albert Credit Union v. Diehl, 1985 CanLII 2646 (SK CA):
The Privy Council decision of Marsh v. Marsh, 1945 CanLII 513 (UK JCPC), [1946] 2 W.W.R. 9, was also relied upon to show the absolute nature of a judicial decision pending its appeal. This court has no quarrel with such a concept, but while the litigation resulted in a judgment in rem so far as the world is concerned, yet by virtue of Rule 15(2), the judgment holder’s right to demand payment is placed on hold pending the outcome of the appeal. In practical terms, not only is it on hold, but it cannot be said that it will ever be payable unless the appeal is unsuccessful.
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