The appellant was charged with breaches of the Building Code Act for failing to comply with Property Standards Orders.
She applied to the Superior Court for an order in lieu of prohibition to stop the proceedings, arguing the summonses were flawed and service was defective.
The motion judge dismissed the application.
The appellant was subsequently convicted ex parte in Provincial Offences Court.
She appealed the motion judge's dismissal to the Court of Appeal.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the presumption of regularity applied to the summonses and service was an issue for the trial court.
The Court also noted the appeal was moot because the appellant had already been tried and convicted.
