The applicant was charged with speeding and brought a preliminary motion at trial arguing the proceeding was out of time under s. 76(1) of the Provincial Offences Act, claiming 'proceeding' meant 'trial'.
The Justice of the Peace dismissed the motion.
The applicant sought prerogative relief in the Divisional Court.
The Divisional Court dismissed the application, holding that interlocutory rulings in provincial offences proceedings should be challenged by appeal after trial, not by prerogative relief.
Furthermore, the court held that a 'proceeding' commences with the filing of a Certificate of Offence, not the trial itself, and thus the proceeding was commenced within the six-month limitation period.
