The Sisyphean Journey...Application for Leave to the SCC

Following on my last post entitled the Sisyphean Journey, I'm going to stay with that theme for now. Anyone wishing to see more about why I refer to the current state of my litigation with Westsea Construction as such a journey, may like to check my last post on the subject.

Admittedly there is a certain futility and even delusional optimism associated with applying for leave to appeal to the Supreme Court of Canada (SCC) in relation to the Court of Appeal decision (for more discussion, again see last post).  The SCC receives something in the order of 500 applications for leave a year, and grants leave in about 50 or 60 such cases. So, the sheer probability of my application being granted leave is small. 

However, there are some reasons to think this may meet the SCC tests of national and public importance in granting leave. I won't delve into detail here, but Memorandum of Argument on my application for leave spells it all out. My materials arrived at the SCC registry on Thursday.  As I understand it, time begins to run for other deadlines once the other side is served with the materials, which I did the week before.  The Registry still needs to assign a file number to it and send confirmation the file is open, but I have learned materials have been received and entered into their system. There is at least one part of the application that is incomplete (waiting for a document), and there may be other things that I will need to correct.

For now, I can await receipt of Westsea's reply material. I do have some idea of how they intend to respond, but I won't comment further at this time.

In the end, I am certainly prepared to see leave not granted, but will hold some guarded and cautious optimism. We will likely know within 3 to 4 months. Of course, even if leave is granted, there is no guarantee the SCC would see things favorably in my direction.

There is also Westsea Court of Appeal matter #2 upcoming soon as well.  More on that front later.