A request for injunctive relief is an equitable remedy and courts have broad discretion in granting or denying it.

Is a request to stay case pending appeal also considered an equitable remedy?

1 Answer 1


Yes: "The remedy sought by the appellant [a stay pending appeal] is an equitable one. To be accorded such equitable relief, the applicant must come to the court with clean hands." National Bank Financial Ltd. v. Barthe Estate, 2013 NSCA 127, at para 26.

In Canada, courts of appeal are statutory courts so all their power derives from statute, but some of those powers (such as the power to grant a stay pending appeal) are still understood to be equitable powers.

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