R. v. Olumide
Even assuming the Justice of the Peace erred in not receiving the information, the error was harmless because the matter duplicated a previously stayed proceeding whose stay had been upheld, so the JP would have refused process or the Crown would have stayed; therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2015 ONCA 18
- Parties
- Respondent: Her Majesty the Queen in Right of Ontario; Applicant: Ade Olumide; Amicus Curiae: Mark Wiffen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 January 2015
- Procedural Posture
- Criminal / Appeal to Court of Appeal From Order of the Superior Court of Justice Dated September 10, 2014
- Outcome
- Appeal dismissed
- Legal Topics
- Harmless Error Doctrine, Issuance of Process by Justice of the Peace, Stay of Proceedings, Inevitability of Outcome
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in Right of Ontario
Respondent
Ade Olumide
Applicant
Mark Wiffen
Amicus Curiae
Procedural Posture
Criminal / Appeal to Court of Appeal From Order of the Superior Court of Justice Dated September 10, 2014
Legal Issues
- 1 Whether the Justice of the Peace erred in not receiving information
- 2 Whether any procedural error caused prejudice requiring remediation
- 3 Whether a prior stay and its upholding rendered any error harmless or the issuance of process inevitable to be refused
Ratio Decidendi
Even assuming the Justice of the Peace erred in not receiving the information, the error was harmless because the matter duplicated a previously stayed proceeding whose stay had been upheld, so the JP would have refused process or the Crown would have stayed; therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Olumide Collection Decisions of the Court of Appeal Date 2015-01-13 Neutral citation 2015 ONCA 18 Docket numbers C59347 Judges Doherty, David H.; Rouleau, Paul S.; Watt, David Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Olumide, 2015 ONCA 18 DATE: 20150113 DOCKET: C59347 Doherty, Rouleau and Watt JJ.A. BETWEEN Her Majesty the Queen in Right of Ontario Respondent and Ade Olumide Applicant Ade Olumide, in person Mark Wiffen, amicus curiae Karen Papadopoulos, for the respondent Heard: January 7, 2015 On appeal from the order of Justice Lynn D. Ratushny of the Superior Court of Justice, dated September 10, 2014. [1] Assuming that the Justice of the Peace erred in not receiving the information, we agree with the Crown that the procedural error caused no harm to the appellant. The subject matter was essentially the same as in a previous matter that was stayed by the Crown. That proceeding had also been brought by the appellant albeit against a different person. That stay was upheld by the Superior Court and by in this court in C59279. The Justice of the Peace would inevitably have refused to issue process in these circumstances or alternatively the Crown would have stayed this proceeding. [2] The appeal is dismissed.