The applicant applied to vary an order refusing leave to appeal to the Supreme Court of Canada.
The original order was made on the basis of written material only.
After the refusal, it was brought to the Court's attention that the lower court had relied on a decision that was subsequently reversed by the Supreme Court.
The Court held that while Rule 50 is narrow and reflects the common law rule of functus officio, Rule 7 empowers the Court to remedy an injustice where the rules are deficient.
The Court concluded it had jurisdiction to reconsider the decision and granted leave to appeal to the applicant.
