DATE: 20040519

DOCKET: C41248

COURT OF APPEAL FOR ONTARIO

RE:

THE CORPORATION OF THE CITY OF MISSISSAUGA (Respondent) – and – MANJIT SINGH (Appellant)

BEFORE:

MACPHERSON, CRONK and GILLESE JJ.A.

COUNSEL:

Glen Henderson

for the appellant

Olivio Fatigati

for the respondent

HEARD & ENDORSED:

May 18, 2004

On appeal from the order of Justice John R. Belleghem of the Superior Court of Justice dated November 3, 2003, setting aside the order of Justice of the Peace Joanna T. Opalinski dated July 25, 2003, quashing the Certificate of Offence in this matter.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no error in the reasoning or conclusion of appeal judge Belleghem J. We are of the view that the Justice of the Peace failed to properly consider the exercise of her discretion to amend in accordance with the factors mandated by s. 34(4) of the Provincial Offences Act and the principles set out by this court in Ontario (Ministry of Labour) v. N.M.C. Canada Inc. (1995), 25 O.R. (3d) 161. Rather, she appears to have decided the question based on her view of the fairness of the legislative scheme and, in particular, the provisions of s. 9 of the Provincial Offences Act. In so doing, the Justice of the Peace committed a jurisdictional error.

[2] Accordingly, the appeal is dismissed.