It’s been a while since I posted anything, although there has been some activity. First, my attorney filed a “reply brief” responding to the government’s response. It essentially said “largely moot” is not a term of any meaning in Canadian jurisprudence. An issue is either moot, or it is not.
I’ve actually read some of the case law involved here (and indeed my attorney cited the same case law). Specifically Borowski v. Canada (Attorney General) 57 D.L.R.(4th ) 231. There is a certain amount of acid in my attorney’s reply:
The Respondent’s characterization of the application as “largely moot” implies that the Respondent is well aware that the application is not moot.
Given that the Respondent has not contested the presence of serious issues in this matter, it is respectfully requested that the Court grant leave. The Respondent is able to raise the mootness issues in the future if the circumstances justify it.
At any rate, the matter is now before the court. The next step is that at some point in the next several weeks the registry will notice that the application is complete (both sides having submitted their documents) and it will be sent to the court for determination. The court then takes anywhere from two to six weeks to decide if leave will be granted.
If leave is granted, the court will schedule a hearing date (60-90 days into the future) and advise both parties of the date and the decision to hear the controversy.
While I am still quite hopeful that we will obtain a full hearing, nothing is guaranteed at this point.