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Courts - Supreme Court of Canada. Leahy v. Canada (Justice)
In Leahy v. Canada (Justice) (Fed CA, 2023) the Federal Court of Appeal considers when the Supreme Court of Canada will reconsider an application for leave to appeal [under R73 of the Rules of the Supreme Court of Canada]:[1] This is an appeal of an order of the Federal Court (2021 FC 302, per Furlanetto J.). In that decision, Furlanetto J. granted the respondent’s motion to strike the appellant’s judicial review application of a decision of the Registrar of the Supreme Court of Canada (the Registrar). Under subsection 73(4) of the Rules of the Supreme Court of Canada, S.O.R./2002-156 (the Rules), the Registrar had refused the appellant’s motion for reconsideration of the Supreme Court’s decision to dismiss his motion for leave to appeal from a decision of this Court.
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[7] Settled jurisprudence—specifically, the Supreme Court’s decision in Stubicar v. Canada, 2014 SCC 38, [2014] 2 S.C.R. 104, the Federal Court of Appeal’s decision in Scheuneman v. Canada (Attorney General), 2003 FCA 194, 303 N.R. 359 [Scheuneman] and the Federal Court’s decision in Sydel v. Canada (Attorney General), 2013 FC 1116, 441 F.T.R. 310 [Sydel]—confirm that the Supreme Court cannot be compelled to consider a motion for reconsideration.
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