PRACTICE |
Judgments and Orders |
Stay of Execution |
Blank v. Canada (Minister of Justice)
A-233-03
2004 FCA 326, Pelletier J.A.
1/10/04
4 pp.
Motion for order suspending effect of judgment in cross-appeal during period limited for filing application for leave to appeal decision to Supreme Court of Canada--Supreme Court Act, s. 65.1(2) permitting court appealed from to stay proceedings with respect to judgment from which leave to appeal sought before application for leave to appeal filed if satisfied party seeking stay intending to apply and delay would result in miscarriage of justice--Counsel for Minister seeking instructions to seek leave to appeal dismissal of cross-appeal --Cannot say Minister intends to apply for leave to appeal as required by s. 65.1(2) until such instructions received-- Motion dismissed as premature--Supreme Court Act, R.S.C., 1985, c. S-26, s. 65.1 (as enacted by S.C. 1990, c. 8, s. 40; 1994, c. 44, s. 101).