What is the current state of the law in the context of a stay of execution application?

Alberta, Canada


The following excerpt is from 566779 Alberta Inc. v. Comac Food Group Inc., 2000 ABCA 211 (CanLII):

The issue was considered in 1922 by Clarke, J.A. in Gibson et al v. McVeigh et al (No. 2), [1922] W.W.R. 147. Clarke, J.A. held that successive applications were permitted. He stated (at p. 149): “I have not overlooked the objection that a stay was refused by Mr. Justice Walsh and that I have no jurisdiction, sitting alone, to grant a stay after such refusal. If the application before me is to be treated as an appeal from such refusal I think the objection well taken.”

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