The Ontario Court of Justice considered a joint appeal by the City of Toronto challenging common law stays of proceedings entered by a Justice of the Peace in four separate Highway Traffic Act cases.
The stays were imposed due to persistent audio difficulties during remote Zoom hearings, which the Justice of the Peace found compromised the fairness of trials.
The Court held that the threshold for abuse of process was not met, as there was no prosecutorial misconduct, no prejudice to the accused’s right to a fair trial or the integrity of the justice system, and alternative remedies were available.
The Justice of the Peace erred by issuing stays without considering individual circumstances and failing to explore less drastic solutions such as in-person attendance or adjournment under s. 83.1(4) of the Provincial Offences Act.
The stays were left undisturbed as the City did not seek re-prosecution.
