Victoria A. Kondo

The appellants appealed a Superior Court decision refusing to decide a certiorari application regarding an interlocutory order for severance made by a Justice of the Peace.

The Court of Appeal dismissed the appeal, holding that certiorari should not substitute for the lack of a statutory appeal from an interlocutory order.

The Court also found the anticipatory Charter breach claim premature, noting the trial judge is best positioned to decide severance.

The Crown appealed a decision dismissing its application for judicial review of a trial judge's orders.

The trial judge had ordered discovery, cross-examination, and costs as Charter remedies without actually finding a Charter breach.

The Court of Appeal held that delayed disclosure or failure to disclose irrelevant material does not necessarily constitute a Charter breach.

The Court also found that the trial judge committed jurisdictional errors by denying natural justice, specifically by ordering the disclosure of privileged evidence and awarding costs without allowing the Crown to make submissions.

Furthermore, the trial judge exceeded his jurisdiction by ordering the Crown to create an affidavit for the defence.

The appeal was allowed, and the trial judge's orders were quashed.