Court of Appeal for Ontario

Citation: R. v. Waskowec, 2014 ONCA 804
Date: 2014-11-18
Docket: M44309 (C58693)

Judges: Feldman, Simmons and Pepall JJ.A.

Between:

Her Majesty the Queen
Respondent

and

Peter Waskowec
Appellant

Counsel:
Peter Waskowec, in person
Matthew Asma, for the respondent

Heard: November 13, 2014

On appeal from the order of Justice M.A. Code of the Superior Court of Justice dated March 13, 2014.

Endorsement

[1] The appellant attended before a justice of the peace to initiate a private prosecution against Hydro One Networks and its management. The Justice of the Peace declined to permit the prosecution to go forward. On a purported appeal to the Superior Court, the Superior Court judge converted the appeal to an application for mandamus with certiorari in aid. Although he found that the Justice of the Peace had committed jurisdictional error in not accepting the information, the Superior Court judge declined to exercise his discretion to grant prerogative relief because he found the jurisdictional error created no prejudice.

[2] The appellant has appealed to this court. On this motion, he seeks an interim order relating to the offences he alleges were committed along with certain relief relating to the conduct of the appeal.

[3] There is no legal basis on this appeal for this court to make an interim order requiring that Hydro One Networks deliver hydro bills to the appellant.

[4] The appellant has not established any basis for granting an order under s. 683 of the Criminal Code requiring that witnesses testify on the appeal or for appointing a commissioner.

[5] An appeal from the order of Backhouse J. has already been disposed of by this court and the Supreme Court of Canada and that proceeding is not before this court on this appeal.

[6] This panel is not seized of the appeal. Issues of participation in the appeal and what materials may be referred to are reserved to the panel hearing the appeal.

[7] We direct that the appellant have 30 minutes for his submissions on appeal, inclusive of reply and inclusive of the constitutional question, and that the respondent shall have 15 minutes.

[8] Apart from this direction, we decline to grant the relief requested.

"K. Feldman J.A."
"Janet Simmons J.A."
"S.E. Pepall J.A."