In Ontario, the issue of whether a decision or order is stayed
pending an appeal or judicial review depends on the interaction of
several statutes and civil procedure rules.
Parties who seek to, or seek leave to, appeal or begin an
application for judicial review may be surprised to learn that
there is no automatic stay of the underlying order, in which case
an urgent motion for such relief is required. By contrast, where a
stay is automatic, the respondent may have good reason to want to
lift it, pending the resolution of the appeal.
In deciding how or whether to seek a stay, parties must take
into account some key considerations. These include:
1. What will obtaining a stay accomplish?
