Can the Supreme Court of Canada hear an appeal from a leave to extend time application of a Court of Appeal?

R. v. Shea, 2010 SCC 26, released yesterday says the jurisdiction exists but such jurisdiction is to be used very seldom and only where the question “is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in that question, one that ought to be decided by the Supreme Court or is, for any other reasons, of such a nature or significance as to warrant decision by it”.

 

The Court holds:

 

I conclude that under s. 40(1) of the Act, the Court has jurisdiction to grant leave to appeal from an order “of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof, in which judgment can be had in the particular case” refusing or granting an extension of time to an appellant in an indictable appeal and that the order from which leave to appeal is sought is such an order.