The Crown applied for an extension of time to serve and file a notice of application for certiorari to quash the respondent's discharge at a preliminary inquiry.
The Crown had served the notice on the respondent's former counsel, who failed to promptly inform the Crown that they were no longer retained.
The court found that the Crown acted with due diligence, as it was entitled to assume the former counsel was still acting, and that there was an arguable basis for the certiorari application.
The extension of time was granted.
