Court of Appeal for Ontario

CITATION: R. v. Budimirovic, 2015 ONCA 142

DATE: 20150304

DOCKET: C59336

MacFarland, Tulloch and Pardu JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Alexsander Budimirovic

Appellant

Counsel:

Alexsander Budimirovic, acting in person

Jeremy Streeter, for the respondent Public Prosecution Service of Canada

Heard and released orally: February 24, 2015

On appeal from the judgment of Justice Hugh O’Connell of the Superior Court of Justice, dated September 15, 2014 to dismiss his application for certiorari.

ENDORSEMENT

[1] The appellant appeals the decision of O’Connell J. to dismiss his application for certiorari. The appellant sought to quash his committal for trial by Tetley J. in Newmarket, Ontario on May 30, 2013.

[2] His position before O’Connell J. and before this court, is that Tetley J. lost jurisdiction when he did not grant him a further adjournment in April of 2012. The application judge concluded that there was no merit in his application and dismissed it. We agree with his decision.

[3] In his careful reasons, the application judge reviewed in detail the lengthy history of this matter which began when the appellant was charged on November 26, 2009 with trafficking in heroin, two counts of possessing heroin for the purpose of trafficking, possessing marijuana and failing to comply with a recognizance.

[4] The preliminary inquiry was originally scheduled to commence on May 20, 2010 and was not completed until May 30, 2013 and now has been delayed a further 20 plus months while this appeal has worked its way through the system.

[5] In our view, the preliminary inquiry judge was more than reasonable in accommodating the appellant. His refusal to grant yet a further request for adjournment by the appellant was a matter for his discretion and was reasonable in all the circumstances. There has been no denial of natural justice to the appellant and as the application judge noted:

Nothing in this record does other than make it plain that Justice Tetley indulged and ensured that Mr. Budimirovic as a self-represented party as time went on, was given exquisite attention to fairness inclusive of preservation of natural justice.

[6] We agree with that comment.

[7] The appeal is dismissed. This matter is remitted to the Superior Court of Justice to fix the trial date at the earliest available date.

"J. MacFarland J.A."

"M. Tulloch J.A."

"G. Pardu J.A."