Marginal note:Stay of execution — application for leave to appeal
65.1 (1) The Court, the court appealed from or a judge of either of those courts may, on the request of the party who has served and filed a notice of application for leave to appeal, order that proceedings be stayed with respect to the judgment from which leave to appeal is being sought, on the terms deemed appropriate.
Marginal note:Additional power for court appealed from
(2) The court appealed from or a judge of that court may exercise the power conferred by subsection (1) before the serving and filing of the notice of application for leave to appeal if satisfied that the party seeking the stay intends to apply for leave to appeal and that delay would result in a miscarriage of justice.
(3) The Court, the court appealed from or a judge of either of those courts may modify, vary or vacate a stay order made under this section.
- 1990, c. 8, s. 40;
- 1994, c. 44, s. 101.
Marginal note:Fiat to sheriff when security deposited
66. (1) When security has been given as required by sections 60 and 65, any judge of the court appealed from may issue his fiat to the sheriff, to whom any execution on the judgment has issued, to stay the execution, and the execution shall be thereby stayed whether a levy has been made under it or not.
Marginal note:Where court appealed from is a court of appeal
(2) Where the court appealed from is a court of appeal and execution has been already stayed in the case, the stay of execution continues without any new fiat until the decision of the appeal by the Supreme Court.
(3) Unless a judge of the court appealed from otherwise orders, no poundage shall be allowed against the appellant, on any judgment appealed from, on which any execution is issued before the judge’s fiat to stay the execution is obtained.
- R.S., c. S-19, s. 71;
- R.S., c. 44(1st Supp.), s. 7.
Marginal note:Money levied and not paid over before fiat
67. Where at the time of the receipt by the sheriff of a fiat, or of a copy thereof, the money has been made or received by the sheriff, but not paid over to the party who issued the execution, the party appealing may demand back from the sheriff the amount made or received under the execution, or so much thereof as is in the sheriff’s hands not paid over, and in default of payment by the sheriff, on that demand, the party appealing may recover the money from the sheriff in an action for money had and received or by means of an order or rule of the court appealed from.
- R.S., c. S-19, s. 72.
Marginal note:Perishable property
68. Where a judgment appealed from directs the delivery of perishable property, the court appealed from, or a judge thereof, may order the property to be sold and the proceeds to be paid into court, to abide the judgment of the Supreme Court.
- R.S., c. S-19, s. 73.
- Date modified: