Digest: Easthill v Felker, 2018 SKCA 23

Reported as: 2018 SKCA 23

Docket Number: CA17133 , CACV 3181

Court: Court of Appeal

Date: 2018-03-28

Judges:

• Jackson

Subjects:

• Practice and Procedure � Appeal � Stay of Proceedings � Application to Lift Stay

Digest: Pursuant to an order of the Court of Queen�s Bench [the �QB Order�], a husband turned a farming operation over to his ex-wife. The husband appealed the QB Order on grounds that it did not deal with income sharing and use of income to pay debts, expenses and taxes associated with the farm. Because of the appeal, the QB Order was stayed by operation of Rule 15(1) of The Court of Appeal Rules. The wife applied to lift the stay.
HELD: The court lifted the stay. The court�s discretion in lifting a stay is limited only by justice between the parties and appropriateness in the process directed by the court. It was possible to lift the stay and, if the appeal was ultimately allowed, equalize the interests of the...