The moving party railway company brought an application for certiorari to quash a ruling of a justice of the peace in ongoing Provincial Offences Act proceedings.
The justice of the peace had dismissed a constitutional motion alleging that a municipal property standards order issued under the Building Code Act conflicted with the federal Heritage Railway Stations Protection Act under the doctrine of federal paramountcy.
The Superior Court held that the ruling was made during the course of trial and that the justice of the peace had jurisdiction to determine the constitutional issue.
Because an adequate appellate remedy existed after trial and no substantial wrong or miscarriage of justice was demonstrated, prerogative relief was inappropriate.
The application for certiorari was therefore dismissed and the trial ordered to continue.
