The father brought a motion to stay a final order making the child a Crown ward without access pending appeal and sought ongoing disclosure of society records.
The court accepted that the disclosure request was consented to and focused on whether the final order should be stayed.
Applying the stay test from appellate authority, the court found there was a serious issue to be tried on appeal, and that maintaining supervised access pending the appeal would better serve the child’s best interests.
The court concluded that continuation of access would preserve the relationship while the appeal was pending and would not prejudice the child’s placement.
The motion to stay the order pending appeal was granted and access continued on the previous terms.