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The Ontario Court of Appeal dismissed this appeal as moot after the appellant pleaded guilty and was convicted. It also denied his request for a publication ban.
2555569 Ontario Inc. v. Ontario (Environment, Conservation and Parks)
The Ontario Court of Appeal dismissed an appeal from the refusal of certiorari and Charter relief, holding there was no jurisdictional error in the s. 11(b) ruling.
The Superior Court has jurisdiction and an informant/private prosecutor has standing to bring a criminal application for certiorari to review the Crown's exercise of prosecutorial discretion to intervene in and withdraw or stay a private prosecution for abuse of process; however, on the facts the appellants failed to meet the Anderson threshold evidentiary burden to show abuse of process, and the appeal is dismissed.
Source excerpt
Leave to appeal was granted because the issues raise questions of public importance and legal significance that affect the development of Ontario jurisprudence—specifically whether certain OEB decisions or staff opinions are insulated from judicial review—and therefore warrant determination by the Court of Appeal rather than being treated as final under a rigid application of Re Sault Dock.
Source excerpt
The court granted habeas corpus after finding Mr. Bevan’s transfer to a more restrictive institution was ongoing and procedurally unfair.
The Supreme Court of British Columbia struck Amarpreet Singh’s petition challenging a municipal bylaw conviction, finding it was not properly brought, was vexatious, and was an abuse of process.
The court refused to add the Surrey Police Union as a party or intervenor in a petition challenging the Surrey policing transition, finding its proposed issues would widen the case.
The governing statutory provision, s.539 of the Criminal Code, authorizes non-publication orders in the preliminary inquiry context and the challenged order fell within that statutory scheme; therefore the certiorari application was properly dismissed and the non-publication regime continues pending trial.
Source excerpt
The court granted certiorari and mandamus in aid, quashing a Provincial Court dismissal for want of prosecution and remitting the matter for sentencing.
The motions judge correctly dismissed the Notice of Judicial Review as filed beyond the time limits in CPR 64.03 and 7.05; the appellant's jurisdictional complaints were without merit; and the Court of Appeal cannot validly declare the appellant a vexatious litigant in relation to criminal proceedings because Parliament has exclusive authority over criminal law and procedure and the appellant retains a statutory appeal right under s.784 of the Criminal Code, therefore the Crown's motion is dismissed and the appeal is dismissed.
Source excerpt
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