The respondents were charged with provincial offences and failed to respond to their offence notices.
The justice of the peace quashed the certificates of offence under s. 9(1) of the Provincial Offences Act because the set fines indicated were incorrect.
The appellant sought mandamus to compel convictions, which the application judge dismissed, holding the proper route was an appeal.
The Court of Appeal dismissed the appeal, holding that an incorrect set fine renders a certificate incomplete and irregular on its face, requiring it to be quashed.
The Court also held that the proper route to challenge such a decision is by prerogative remedy under s. 140, not by appeal.
