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Difference between revisions of "Stays of Enforcement"
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→Authority for stay of enforcement orders
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Under [http://canlii.ca/t/8lld Supreme Court Civil Rule] 13-2(31), at the time of judgment or any time after, a judge may order a stay of enforcement of the judgment. | Under [http://canlii.ca/t/8lld Supreme Court Civil Rule] 13-2(31), at the time of judgment or any time after, a judge may order a stay of enforcement of the judgment. | ||
=== Granting of stay of enforcement orders=== | |||
There is relatively little case law on stays of enforcement that does not involve an appeal. However, at least two BC cases demonstrate the possible use of the remedy. In ''Bank of Montreal v. Price'', the defendant brought third-party proceedings against his son and former daughter-in-law. The court ordered a five-year stay of enforcement against the former daughter-in-law, taking into consideration her inability to pay, her marital circumstances (divorced with custody of a child), and the close family relationship between the parties. | There is relatively little case law on stays of enforcement that does not involve an appeal. However, at least two BC cases demonstrate the possible use of the remedy. In ''Bank of Montreal v. Price'', the defendant brought third-party proceedings against his son and former daughter-in-law. The court ordered a five-year stay of enforcement against the former daughter-in-law, taking into consideration her inability to pay, her marital circumstances (divorced with custody of a child), and the close family relationship between the parties. | ||
