The applicants sought judicial review and an order in the nature of certiorari to quash a Justice of the Peace's decision dismissing their application for a stay of proceedings based on s. 11(b) Charter delay.
The applicants also sought an extension of time to serve the application.
The Divisional Court dismissed the application, finding that the delay in perfecting the application was not adequately explained and that certiorari for error of law on the face of the record is not available for interlocutory review of a pre-trial ruling in a quasi-criminal matter under the Provincial Offences Act.
