COURT OF APPEAL FOR ONTARIO
Doherty, Rouleau and Watt JJ.A.
BETWEEN
Her Majesty the Queen in Right of Ontario
Respondent
and
Ade Olumide
Applicant
Counsel:
Ade Olumide, in person
Mark Wiffen, amicus curiae
Domenic Polla, for the respondent
Heard: January 7, 2015
On appeal from the order of Justice Lynn D. Ratushny of the Superior Court of Justice, dated September 10, 2014.
1Assuming that the Justice of the Peace erred in not receiving the information, we agree with the Crown that the procedural error caused no harm to the appellant. The subject matter was essentially the same as in a previous matter that was stayed by the Crown. That proceeding had also been brought by the appellant albeit against a different person. That stay was upheld by the Superior Court and by in this court in C59279. The Justice of the Peace would inevitably have refused to issue process in these circumstances or alternatively the Crown would have stayed this proceeding.
2The appeal is dismissed.