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The Court of Appeal affirmed that certiorari is unavailable for interlocutory trial management rulings absent jurisdictional error.
The appellant sought judicial review by way of certiorari to quash an order of a justice of the peace in a speeding ticket prosecution.
The justice of the peace had adjourned the trial and reserved the appellant's right to argue a stay motion based on Crown non-disclosure at the resumed trial date.
The application judge dismissed the application, finding the order was interlocutory and that there was no denial of natural justice.
The Court of Appeal upheld this decision, holding that the justice of the peace's trial management ruling was within jurisdiction and did not preclude the appellant from pursuing his stay motion.
Momentary handling of a cell phone while driving does not constitute 'holding' under the Highway Traffic Act.
The appellant appealed her conviction for holding a hand-held wireless communication device while driving, contrary to s. 78.1(1) of the Highway Traffic Act.
At trial, she testified that she merely picked up her cell phone from the floor to place it on the passenger seat while stopped at a red light.
The appeal judge held that while the prosecution does not need to prove the device was operable or that the driver intended to use it, the term 'holding' requires a sustained physical holding and does not capture a momentary handling of the device.
The appeal was allowed and the conviction was quashed.
