The applicant, who had been found unfit to stand trial, sought a writ of certiorari to quash an Ontario Court of Justice order.
The lower court had found that the Crown established a prima facie case of assault causing bodily harm under s. 672.33 of the Criminal Code and granted an extension of time for the hearing under s. 672.33(1.1).
The applicant argued that the evidence relied upon was inadmissible hearsay and that the judge erred in extending the time.
The Superior Court dismissed the application, finding no jurisdictional error.
The court held that the evidence was admissible under s. 540(7) and s. 672.33(5), and that the judge appropriately exercised her discretion to extend the time despite a minor error in considering one factor.
