1.3 What happens to the order being appealed?

Bringing an appeal will not automatically stay (stop) enforcement of the order made by the decision-maker below until the appeal has been decided. This means that the appellant has to obey the order under appeal, unless he or she applies for and is granted a stay.

To stay an order made under the Family Law Act, the appellant must get an order from a Supreme Court judge. To stay all other orders, the appellant must bring an application in chambers to a judge of the Court of Appeal. This is done by filing a notice of motion (Form 6) and a motion book (Form 4).

If the appellant applies to stay the order, you can file materials in response and present arguments about why a stay should not be granted.

For more information on applications for stays of proceedings, see Section 3.2 of the Guidebook for Appellants.