Does the statute requiring a judge to hear an application for a stay of an order made by the judge who made the order?

British Columbia, Canada


The following excerpt is from T.D.P. v. D.R.P., 2002 BCSC 1520 (CanLII):

In Berrie Levine J. said: 11 In my view, the statute does not require that the judge who made the order hear the application for a stay. The judge who made the original order has the advantage of having heard all of the evidence and submissions of counsel in reaching his or her decision. However, there are also disadvantages, such as those referred to by Prowse J. in Gold v. Gold, where a judge sits on a stay application of his or her own order. Furthermore, a requirement that the judge who made the order hear the stay application may be impractical and inconvenient because of the judge's commitments to other matters or to his or her travel schedule.

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