G.T. Trotter

The appellant appealed from a judgment denying certiorari to quash an order committing him to trial on charges of first-degree murder and participating in a criminal organization.

The Court of Appeal dismissed the appeal, finding no error in the application judge's refusal to grant certiorari.

The preliminary inquiry judge properly considered the evidence and correctly determined that the Crown had met the minimal threshold required to justify committal.

The reviewing court's task was solely to consider whether there was any evidence upon which the committing justice could form an opinion that the evidence was sufficient to put the accused on trial.

The moving party sought review of a single judge’s refusal to extend the time to file a notice of motion for leave to appeal from the Divisional Court’s dismissal of an application for judicial review of a social benefits tribunal decision.

The Court of Appeal applied the leave to appeal framework from Sault Dock Co. v. Sault St. Marie (City).

It held that the proposed appeal did not raise a question of law or an issue of public importance and was of interest only to the parties.

Because the proposed appeal lacked merit, the interests of justice did not support granting an extension of time.

The motion was dismissed without costs.