The Crown brought a certiorari application to quash a Justice of the Peace's order that quashed an information charging the respondent with speeding.
The information contained an obvious typographical error regarding the year of the offence.
The Justice of the Peace quashed the information on his own motion at the first appearance, without allowing the Crown to make submissions or considering the mandatory amendment provisions under the Provincial Offences Act.
The Superior Court held that the Justice of the Peace exceeded his jurisdiction by failing to observe natural justice and mandatory statutory provisions.
The court granted the certiorari application, extended the time for service, and issued mandamus remitting the matter back to the Provincial Offences Court.