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Supreme Court will not entertain leave applications where the intermediate appellate court refused leave.
The applicant sought leave to appeal to the Supreme Court of Canada on the effect of s. 11 of The Public Authorities Protection Act.
The Ontario Court of Appeal had previously refused leave to appeal on this specific issue from the judgment of the Ontario Divisional Court.
Applying the principle from Ernewein, the Supreme Court held that it will not entertain an application for leave to appeal from the refusal of an intermediate appellate court to grant leave to appeal to it.
The application for leave to appeal was dismissed without costs.