The appellant, Peter Dimakos, appealed the dismissal of his s.11(b) Charter application related to allegations under the Building Code Act.
The Ontario Court of Justice upheld the trial justice’s decision that the application was not properly before the court due to failure to properly serve the Attorney General, emphasizing the mandatory nature of proper service.
The court found no palpable and overriding error in the trial justice’s procedural ruling and declined to order a new trial under s.120(1) of the Provincial Offences Act despite acknowledging alternative procedural approaches.
