Court of Appeal for Ontario
Date: 2019-09-06
Docket: C66729
Judges: Pardu, Brown and Trotter JJ.A.
Between
Her Majesty the Queen Respondent
and
Walter Melnyk Appellant
Counsel
Walter Melnyk, self-represented
Michael Fawcett, for the respondent
Hearing and Release
Heard and released orally: September 4, 2019
On appeal from: the order of Justice Maureen D. Forestell of the Superior Court of Justice dated March 20, 2017.
Reasons for Decision
[1] Mr. Melnyk appeals from the refusal of Forestall J. to grant mandamus with certiorari in aid in relation to a decision of a justice of the peace refusing to issue process on a private prosecution initiated by Mr. Melnyk.
[2] At the outset of the hearing, Mr. Melnyk sought an adjournment on the grounds that firstly, this appeal should for reasons of efficiency be combined with another appeal relating to events occurring after the proceedings which gave rise to this appeal and secondly, because he has had difficulty preparing for the hearing because of his personal situation. This request was refused. This hearing must be decided on the record before us. The issue is whether Forestall J. erred having regard to the record before her.
[3] The allegations relate to events in 2008, a pre-enquete in 2016 and the application judge's decision of 2017. This matter has been set for hearing since April 2019 and fairness requires that the appeal proceed today rather than acceding to a request made for the first time on the date of the hearing of this appeal, without supporting evidence.
[4] The appellant has not identified any error in the reasons given by Forestall J. and we agree with those reasons. Forestall J. concluded that the justice of the peace had not committed any jurisdictional error, consisting of any breach of the rules of natural justice, or any other error permitting review by the Superior Court.
[5] Accordingly, the appeal is dismissed.
G. Pardu J.A.
David Brown J.A.
Gary Trotter J.A.