3 total
Appeal from dismissal of application for prohibition dismissed as moot following ex parte convictions.
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.
Careless driving appeal allowed on consent and remitted to the Provincial Offences Appeal Court.
The appellant appealed a decision dismissing his appeal from a conviction for careless driving.
On consent, the Court of Appeal allowed the appeal, set aside the lower court's order, and remitted the careless driving appeal to the Provincial Offences Appeal Court to be heard with the 'no clear view' appeal.
Leave to appeal sentence for operating an unlicensed body rub parlour dismissed.
The applicant sought leave to appeal her sentence of a $2,000 fine for three counts of owning and operating a body rub parlour without a license contrary to a City of Toronto by-law.
She argued she was forced to proceed to trial without counsel, could not afford the fine, was not given an opportunity to speak, and lost her business investment.
The Court of Appeal found that the record contradicted her claims regarding counsel and the opportunity to speak, and that the remaining grounds did not satisfy the statutory test for leave to appeal.
The application for leave to appeal was dismissed.
