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Appeal dismissed; certiorari cannot substitute for lack of statutory appeal from an interlocutory severance order.
The appellants appealed a Superior Court decision refusing to decide a certiorari application regarding an interlocutory order for severance made by a Justice of the Peace.
The Court of Appeal dismissed the appeal, holding that certiorari should not substitute for the lack of a statutory appeal from an interlocutory order.
The Court also found the anticipatory Charter breach claim premature, noting the trial judge is best positioned to decide severance.
