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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