Tag Archives: stay of execution

Court Lifts Automatic Stay Pending Appeal in the "Interests of Justice"

In Ontario, the delivery of a notice of appeal automatically stays any order, final or interlocutory, for payment of money, other than a support order or a support enforcement order – rule 63.01(1) of the Rules of Civil Procedure (Rules).  Judgment debtors knowing that an appeal may have little or no merit, will often deliver a notice of appeal as a matter of course in order to buy themselves more time to delay or frustrate the ability of a judgment creditor to enforce the judgment.

The Rules also provide that:  “A judge of the court to which the appeal is taken may order, on such terms as are just, that the stay provided by subrule (1) does not apply’ – rule 63.01(5). 

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