The Applicant, the Director of SafeRoads, applied to set aside a Consent Order for a Stay pending an Appeal. The Stay was to remain in place pending “decision or abandonment” of the Appeal. The Respondent’s Appeal was struck due to an administrative error by his legal counsel, but the Appeal was restored at the time of this Application.

The Court found that a single Justice of the Court of Appeal has jurisdiction to set aside a Stay incidental to an Appeal under Rule 14.37, or as an Application under Rule 14.48(b).

The delay in this case did not amount to a material change in circumstances that would justify lifting the Stay. The Court considered the balance in delaying enforcement of the Respondent’s license suspension against the Respondent’s right to challenge the SafeRoads regime and dismissed the Application by the Director of SafeRoads to set aside the Consent Order.