2 total
The court quashed a committal to stand trial due to insufficient identity evidence and jurisdictional error.
Mitchel Yearley brought an application for certiorari to quash his committal to stand trial on one count of aggravated assault, arguing that the preliminary hearing judge exceeded jurisdiction due to insufficient evidence on identity and denied natural justice by not allowing submissions on committal.
The court found that the preliminary hearing judge committed jurisdictional error by failing to provide sufficient reasons for committal and that the in-dock identification alone was insufficient evidence for committal.
The application was granted, and the committal order was quashed.
Parole suspension and arrest warrant quashed due to Board's failure to notify parole officers.
The applicant sought judicial review of an Ontario Parole Board decision suspending her parole and issuing a Canada-wide arrest warrant.
The applicant had continued to report to her parole officer for months after the suspension, unaware of the warrant, and was even told she had successfully completed her sentence.
The Divisional Court found exceptional circumstances justifying early intervention despite the usual requirement to exhaust administrative remedies.
The Court held that the Board breached its duty of procedural fairness by failing to effectively notify the applicant's parole officers of the suspension, and quashed the decision and related warrants.
