If an appeal from a justice of the peace has been appealed to the wrong court, can the appeal be dismissed?
Saskatchewan, Canada
The following excerpt is from Langelier (Re), 1947 CanLII 125 (SK QB):
If the appeal from the justice of the peace had been to a wrong court it would be illegal and should have been dismissed (Rex v. Tart 1943 CanLII 213 (SK CA), [1943] 1 WWR 552, 79 CCC 202) but the only evidence before me is that the appeal was taken to the police magistrate usually exercising his office in the locality where the owner resides, which is what is required. The police magistrate therefore had jurisdiction to hear and determine, and I think that settles the matter as far as this application is concerned.
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