united-states new-jersey appeal equity injunctions
Is a Request to Stay Case Pending Appeal Considered an Equitable Remedy in the USA?
<p>A request for injunctive relief is an equitable remedy and courts have broad discretion in granting or denying it.</p>
<p>Is a request to stay case pending appeal also considered an equitable remedy?</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="tag-canada-tooltip-container">canada</a></p>
<p>Yes: &quot;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.&quot; <em>National Bank Financial Ltd. v. Barthe Estate</em>, <a href="https://canlii.ca/t/g1sbx#par26" rel="nofollow noreferrer">2013 NSCA 127, at para 26</a>.</p>
<p>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.</p>
