A self-represented applicant sought mandamus compelling a justice of the peace to issue process on a private information alleging fraud over $5,000 against a lawyer involved in mortgage enforcement proceedings.
The justice of the peace had refused to issue process after concluding the evidence did not disclose a prima facie case of fraud under s. 507.1 of the Criminal Code.
The Superior Court held that mandamus with certiorari in aid is available only where a jurisdictional error is established.
Although the justice of the peace improperly considered the Crown’s intention to withdraw the charge if process issued, the decisive finding that there was no evidence of dishonesty meant no prima facie case existed.
The refusal to issue process was therefore within jurisdiction and the application was dismissed.
