The appellant was committed for trial on a charge of conspiracy to use a forged document.
He successfully applied for certiorari to quash the committal on the basis that there was no evidence of his membership in the conspiracy.
The Court of Appeal set aside the order to quash.
The Supreme Court of Canada allowed the appeal, holding that a committal for trial in the absence of evidence on an essential ingredient of the charge constitutes a jurisdictional error reviewable on certiorari.
