18/23 Stay: Section 49 (2)

Stay:
Section 49 (2)

“A party may apply to the court at the time of the order for an order staying the execution of the order, or any part of the order, for a period not to exceed 10 days.”

Comments:

• What good is a 10 day stay and what is the chances of a Justice actually granting a stay?

• Also, according to the reading of this section, this application has to be made immediately “at the time of the order”. How many families would be prepared to do so - And this also assumes that you have a lawyer who is on the ball. To date, we have not found any Nova Scotian family lawyer we would recommend to anyone.

Section 49 (3)
“ Where a notice of appeal is filed pursuant to this section, a party may apply to the Appeal Division of the Supreme Court for an order staying the execution of the order, or any part of the order, appealed."

• How quickly will this happen? By the time the 10 day given under Section 49 (2) has expired? Not likely.