DATE: 20050602

DOCKET: C40658

COURT OF APPEAL FOR ONTARIO

RE:

THE CORPORATION OF THE CITY OF LONDON (Respondent) -and- LLOYD MAYWOOD (Appellant)

BEFORE:

ARMSTRONG, LANG and ROULEAU JJ.A.

COUNSEL:

Daniel Rechtshaffen

for the appellant

Robert Sheppard

for the respondent

HEARD AND ENDORSED:

June 1, 2005

On appeal from the order of Justice John F. McGarry of the Superior Court of Justice dated August 25, 2003, quashing the order of Justice of the Peace Frank Squires dated December 2, 2002.

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

[1] We agree with McGarry J. that the costs order should have been quashed. This was not a case of the justice of the peace weighing and determining the admissibility of evidence, matters that would have been within his jurisdiction. Rather, in the circumstances of this case, there was a determination made without having provided the Crown with an opportunity to respond. The appeal is accordingly dismissed.

[2] Counsel before us have indicated, and we agree, that this matter should be returned to be heard by a justice of the peace other than Justice of the Peace Squires.

[3] We award no costs.