Community Legal Assistance Society - BC Judicial Review Self-Help Guide

Setting Aside an Interim Stay of Eviction

If you have been granted an interim stay of eviction, it is still possible for your landlord to apply to set it aside. If your landlord does make an application you are, by default, given 5 business days of notice that they will be doing so. However, it is possible for the Court to shorten this timeline.

If you wish to respond you must:

  • File an application response.
  • File the original of every affidavit or document that you plan on referring to in the hearing, if it has not already been filed during your judicial review.
  • Serve the landlord and every other party on record a copy of your response and new affidavits or document.

If the judge does decide to set aside your interim stay, you can still ask for a delayed enforcement of the order so that your stay does not expire right away. This is because, by default, a judge’s order takes effect when they pronounce it. By asking for a delayed effective date you can give yourself a little more time to organize your belongings and vacate the unit.


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Site by the Community Legal Assistance Society. Content available under Creative Commons CC BY-NC licence. This guide is made possible by funding from the British Columbia Ministry of Justice and the Law Foundation of British Columbia. This guide was originally produced by David Mossop, Q.C.
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