Karlheinz Schreiber testifies at the Oliphant Commission in Ottawa in May. (Adrian Wyld/Canadian Press)

German-Canadian businessman Karlheinz Schreiber has lost his latest attempt to stay in Canada after Ontario's top court rejected his request for a judicial review of his extradition order.

During a hearing on Friday, Schreiber's lawyer Eddie Greenspan argued before the Ontario Court of Appeal that Justice Minister Rob Nicholson had ignored several letters and legal submissions. That, he said, was reason for a judicial review to be granted because the lack of response violated his charter rights.

Department of justice lawyers countered that the minister had repeatedly said he is still considering the submission, and there is "absolutely no factual basis" for this latest application.

The government lawyers told the court that Schreiber's application was "creative and inventive" and "based on fiction."

The court appeared to agree, saying that the minister's office wrote several responses, including one by Nicholson.

"It is clear that the minister has given an unqualified commitment to Mr. Schreiber's counsel to respond to Mr. Schreiber's further submissions, regardless of whether the minister is legally obliged to do so," the panel wrote in its decision.

"There is no reason on this record to doubt that the minister will honour his written commitment."

For 10 years, Schreiber has been fighting extradition to Germany, where he faces charges of fraud, bribery, corruption and tax evasion.

The government has already promised not to extradite Schreiber until the conclusion of the inquiry looking into his dealings with former prime minister Brian Mulroney, expected in late July.

Greenspan said that despite the assurance, there's no guarantee that Schreiber won't be extradited before Nicholson responds to his submissions.

"The moment he's in the air it's over," Greenspan said in court, adding that the minister won't face any sanction if he extradites Schreiber.

With files from The Canadian Press