Stay Pending Appeal

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R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE

63.01 (1) The delivery of a notice of appeal from an interlocutory or final order stays, until the disposition of the appeal, any provision of the order for the payment of money, except a provision that awards support or enforces a support order. O. Reg. 465/93, s. 8.

(2) The delivery of a notice of appeal from an order refusing to set aside a default judgment does not stay the default judgment, but it may be stayed by order and rule 63.02 applies as if the appeal were from the default judgment. O. Reg. 465/93, s. 8.
(3) The delivery of a notice of appeal from an interlocutory or final order made under the Residential Tenancies Act, 2006 stays, until the disposition of the appeal, any provision of the order,
(a) declaring a tenancy agreement terminated or evicting a person; or
(b) terminating a member’s occupancy of a member unit in a non-profit housing co-operative and evicting the member. O. Reg. 43/14, s. 20 (2).
(4) The delivery of a notice of appeal from an interlocutory or final order made under the Co-operative Corporations Act stays, until the disposition of the appeal, any provision of the order declaring occupancy rights terminated or directing that a writ of possession issue. O. Reg. 465/93, s. 8.
(5) 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), (3) or (4) does not apply. O. Reg. 465/93, s. 8.

63.02 (1) An interlocutory or final order may be stayed on such terms as are just,

(a) by an order of the court whose decision is to be appealed;
(b) by an order of a judge of the court to which a motion for leave to appeal has been made or to which an appeal has been taken. O. Reg. 465/93, s. 8.
(2) A stay granted under clause (1) (a) expires if no notice of motion for leave to appeal or no notice of appeal, as the case may be, is delivered and the time for the delivery of the relevant notice has expired. O. Reg. 534/95, s. 7.
(3) A stay granted under subrule (1) may be set aside or varied, on such terms as are just, by a judge of the court to which a motion for leave to appeal may be or has been made or to which an appeal may be or has been taken. O. Reg. 465/93, s. 8.
(4) A party who obtains a stay of a support order shall obtain a certificate of stay under subrule 63.03 (4) and file it forthwith in the office of the Director of the Family Responsibility Office. O. Reg. 292/98, s. 2.

63.03 (1) Where an order is stayed, no steps may be taken under the order or for its enforcement, except,

(a) by order of a judge of the court to which a motion for leave to appeal has been made or an appeal has been taken; or
(b) as provided in subrules (2) and (3). R.R.O. 1990, Reg. 194, r. 63.03 (1).
(2) A stay does not prevent the settling, signing and entering of the order or the assessment of costs. R.R.O. 1990, Reg. 194, r. 63.03 (2).
(3) A stay does not prevent the issue of a writ of execution or the filing of the writ in a sheriff’s office or land registry office, but no instruction or direction to enforce the writ shall be given to a sheriff while the stay remains in effect. R.R.O. 1990, Reg. 194, r. 63.03 (3).
(4) Where an order is stayed, the registrar of the court,
(a) that granted the stay; or
(b) to which an appeal has been taken, shall issue, on requisition by a party to the appeal, a certificate of stay (Form 63A) and, when the certificate has been filed with the sheriff, the sheriff shall not commence or continue enforcement of the order until satisfied that the stay is no longer in effect. R.R.O. 1990, Reg. 194, r. 63.03 (4); O. Reg. 288/99, s. 22 (1).
(5) A requisition for a certificate of stay under subrule (4) shall state whether the stay is under subrule 63.01 (1) or by order under subrule 63.02 (1), and if by order, shall set out particulars of the order. R.R.O. 1990, Reg. 194, r. 63.03 (5); O. Reg. 288/99, s. 22 (2).
(5.1) If an order of the Landlord and Tenant Board is stayed under subsection 25 (1) of the Statutory Powers Procedure Act, the registrar of the court to which an appeal has been taken shall issue, on requisition by a party to the appeal, a certificate of stay (Form 63B) and, when the certificate has been filed with the sheriff, the sheriff shall not commence or continue enforcement of the order until satisfied that the stay is no longer in effect. O. Reg. 288/99, s. 22 (3); O. Reg. 43/14, s. 21 (1).
(5.2) A requisition for a certificate of stay under subrule (5.1) shall state that there is no order of the Landlord and Tenant Board that would prevent the automatic stay pending appeal. O. Reg. 288/99, s. 22 (3); O. Reg. 43/14, s. 21 (2).
(6) A judge of the court to which a motion for leave to appeal has been made or an appeal has been taken may set aside the issue or filing of a writ of execution where the moving party or appellant gives security satisfactory to the court. R.R.O. 1990, Reg. 194, r. 63.03 (6).

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References

  1. R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived September 23, 2020