The applicant brought an application for judicial review challenging the Crown's decision to withdraw criminal charges he had initiated as a private prosecutor.
The matter was transferred to the Divisional Court by a Superior Court judge.
Both parties brought a motion to remit the application back to the Superior Court of Justice.
The Divisional Court granted the motion, finding that the application was criminal in nature and, pursuant to Rule 43 of the Criminal Proceedings Rules, should be heard by a judge of the Superior Court.
