What remedies are available to quash a ruling of this type and compel a Justice of the Peace to issue process?
Ontario, Canada
The following excerpt is from R. v. Kouam, 2013 ONSC 3155 (CanLII):
The decision to quash a ruling of this type and compel a Justice of the Peace to issue process is a discretionary one. The extraordinary remedies of certiorari and mandamus are available if the decision to refuse to issue process resulted in a loss of jurisdiction, an absence of jurisdiction, a refusal to exercise jurisdiction or an action in excess of jurisdiction (see: Forsythe v. The Queen, 1980 CanLII 15 (SCC), [1980] 2 S.C.R. 268). Jurisdiction has to do with the authority to decide an issue or perform a duty, not the correctness of the decision.
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