A private prosecution appeal under the Provincial Offences Act concerning a charge of driving a motorized vehicle on a beach in violation of a municipal bylaw.
The appellant (informant and prosecutor) failed to appear on the trial date due to a genuine mistake regarding the date.
The justice of the peace dismissed the charge and awarded substantial costs against the appellant without notice or hearing.
The appeal court found that while the justice had discretion to dismiss, the circumstances—including unnecessary court-initiated adjournments, confusion about withdrawal versus dismissal authority, and an unjustified costs award—warranted intervention in the interests of justice.
The court set aside the dismissal and costs order, ordering a new trial before a different justice.
