Mississauga (City) v. Singh
The Court dismissed the appeal, holding that the Justice of the Peace committed a jurisdictional error by failing to properly consider and apply the statutory factors in s.34(4) and the principles from Ontario (Ministry of Labour) v. N.M.C. Canada Inc., instead deciding the matter on a view of the fairness of the...
Source-derived case information.
- Citation
- C41248
- Parties
- Appellant: MANJIT SINGH; Respondent: THE CORPORATION OF THE CITY OF MISSISSAUGA
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 May 2004
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court Order
- Outcome
- Appeal dismissed; Superior Court order of Justice John R. Belleghem dated November 3, 2003 setting aside the Justice of the Peace's order is upheld
- Legal Topics
- Amendment of Charges Under Provincial Offences Act, Judicial Discretion, Jurisdictional Error, Quashing of Certificate of Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MANJIT SINGH
Appellant
THE CORPORATION OF THE CITY OF MISSISSAUGA
Respondent
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Order
Legal Issues
- 1 Whether the Justice of the Peace properly exercised her discretion under s.34(4) of the Provincial Offences Act to amend the certificate of offence
- 2 Whether the Justice of the Peace committed a jurisdictional error by deciding based on perceived fairness of the legislative scheme and s.9 of the Provincial Offences Act
Ratio Decidendi
The Court dismissed the appeal, holding that the Justice of the Peace committed a jurisdictional error by failing to properly consider and apply the statutory factors in s.34(4) and the principles from Ontario (Ministry of Labour) v. N.M.C. Canada Inc., instead deciding the matter on a view of the fairness of the legislative scheme; the Superior Court's setting aside of the quashing order was correct and must be upheld.
Court Disposition
Appeal dismissed; Superior Court order of Justice John R. Belleghem dated November 3, 2003 setting aside the Justice of the Peace's order is upheld
Orders
- Appeal dismissed
- Order of Justice John R. Belleghem dated November 3, 2003 upheld
Full Case Text
Judgment text and source record
1 paragraphs
Mississauga (City) v. Singh Collection Decisions of the Court of Appeal Date 2004-05-19 Docket numbers C41248 Judges MacPherson, James C.; Cronk, Eleanore Ann; Gillese, Eileen E. Subject Civil Decision Content DATE: 20040519 DOCKET: C41248 COURT OF APPEAL FOR ONTARIO RE: THE CORPORATION OF THE CITY OF MISSISSAUGA (Respondent) - and - MANJIT SINGH (Appellant) BEFORE: MACPHERSON, CRONK and GILLESE JJ.A. COUNSEL: Glen Henderson for the appellant Olivio Fatigati for the respondent HEARD & ENDORSED: May 18, 2004 On appeal from the order of Justice John R. Belleghem of the Superior Court of Justice dated November 3, 2003, setting aside the order of Justice of the Peace Joanna T. Opalinski dated July 25, 2003, quashing the Certificate of Offence in this matter. APPEAL BOOK ENDORSEMENT [1] We see no error in the reasoning or conclusion of appeal judge Belleghem J. We are of the view that the Justice of the Peace failed to properly consider the exercise of her discretion to amend in accordance with the factors mandated by s. 34(4) of the Provincial Offences Act and the principles set out by this court in Ontario (Ministry of Labour) v. N.M.C. Canada Inc. (1995), 25 O.R. (3d) 161. Rather, she appears to have decided the question based on her view of the fairness of the legislative scheme and, in particular, the provisions of s. 9 of the Provincial Offences Act. In so doing, the Justice of the Peace committed a jurisdictional error. [2] Accordingly, the appeal is dismissed.