Her Majesty the Queen v. Colarossi [Indexed as: R. v. Colarossi]

65 O.R. (3d) 767

[2003] O.J. No. 2629

Docket No. C39709

Court of Appeal for Ontario,

Doherty, MacPherson and Sharpe JJ.A.

June 30, 2003

Criminal law -- Provincial offences -- Jurisdiction -- Justices of the peace -- Senior Regional Justice of the Peace not having power to delegate jurisdiction to Clerk of the Court to adjourn cases which were set for plea and disposition -- Clerk appearing in open court and adjourning defendant's case on record -- Jurisdiction over offence not lost by virtue of s. 31 of Provincial Offences Act -- Provincial Offences Act, R.S.O. 1990, c. P.33, s. 31.

Due to the sudden unavailability of a justice of the peace for three days, the Regional Senior Justice of the Peace directed the Clerk of the Court to appear in court to adjourn matters that were to be heard on those days. Counsel for the defendant appeared in Provincial Offences Court on one of those days. The case was adjourned by the Clerk. The defendant brought an application for an order prohibiting any further proceedings in the Provincial Offences Court. The application was granted. The Crown appealed.

Held, the appeal should be allowed.

The prohibition order should be set aside for the reasons given in R. v. 1283499 Ontario Inc.([page768]

APPEAL from an order of prohibition.

R. v. 1283499 Ontario Inc., 2003 ONCA 33934, [2003] O.J. No. 2630 (QL) (C.A.), revg [2003] O.J. No. 2629 (QL) (C.A.), affg (2003), 2003 ONSC 12350, 63 O.R. (3d) 491, [2003] O.J. No. 714 (QL) (S.C.J.)

Robert Kelly and Leanne Salel, for appellant. Gino Morga, for respondent.

The judgment of the court was delivered by

[1] DOHERTY J.A.: -- For the reasons given in R. v. 1283499 Ontario Inc., 2003 ONCA 33934, [2003] O.J. No. 2630 (QL) (C.A.), the appeal is allowed, the prohibition order is set aside and the matter is remitted to the Provincial Offences Court for trial. If necessary, a summons may issue compelling the attendance of the respondent.

Appeal allowed.