Gino Morga

The respondent was charged under the Liquor Licence Act.

Due to the unavailability of a justice of the peace, a clerk of the court adjourned the matter.

The respondent successfully applied for an order of prohibition, arguing the court lost jurisdiction.

The Crown appealed.

The Court of Appeal allowed the appeal, holding that while the clerk had no authority to adjourn the matter, section 31 of the Provincial Offences Act preserved jurisdiction over the offence despite the court's failure to act.

Due to the sudden unavailability of a justice of the peace, the Regional Senior Justice of the Peace directed the Clerk of the Court to adjourn matters.

The respondent's case was adjourned by the Clerk, and the respondent successfully applied for an order prohibiting further proceedings in the Provincial Offences Court.

The Crown appealed.

The Court of Appeal allowed the appeal and set aside the prohibition order, relying on the reasons in R. v. 1283499 Ontario Inc., and remitted the matter for trial.