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RULE 53A
STAY

Analysis


              RULE 53A
STAY

53A.01   Notice of appeal not a Stay

53A.02   Judge on application may stay an order

53A.03   Interest not precluded by order of stay

53A.04   Terms of order

53A.05   Rule applies to execution of judgments


Notice of appeal not a Stay

53A.01.  The filing of a Notice of Appeal to the Court of Appeal from an order of the Court shall not operate as a stay of the order.

30/10 s9

Judge on application may stay an order

53A.02. A judge may, on the application of a party to an appeal to the Court of Appeal from an order of the Supreme Court, stay the order appealed from pending the disposition of the appeal and may stay any order of or proceeding before a judge of the Provincial Court or a tribunal in respect of which an order of the Court granting or refusing relief under Rule 54 or otherwise has been appealed.

30/10 s10; 9/18 s8

Interest not precluded by order of stay

53A.03.  A staying order shall not operate to preclude the accrual of interest if any on the amount payable under the order appealed from.

123/89 s1

Terms of order

53A.04.  An order under rule 53A.02 may be granted on such terms as the judge deems just.

123/89 s1

Rule applies to execution of judgments

53A.05.  This Rule 53A applies to proceedings of the Court and to the execution of judgments of the Court.

123/89 s1; 9/00 s6