The Attorney General of Canada brought a motion to stay an order adding two schools to Schedule F of the Indian Residential Schools Settlement Agreement pending appeal.
The moving party argued the order triggered an automatic stay under Rule 63.01(1) or warranted a discretionary stay under Rule 63.02(1).
The Court of Appeal dismissed the motion, finding the order did not create a fixed debt obligation and the balance of convenience favoured the respondents, as a stay would prejudice former students' ability to apply for compensation.
A cross-motion to determine the effective date of the order found the notice of appeal was delivered out of time, but the court extended the time to appeal and expedited the hearing.
