In Grey v. Ontario Motor Vehicle Industry Council (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, here brought against the dismissal of a JR "application for prohibition to prevent a provincial offence prosecution in the Ontario Court of Justice for offences under the Motor Vehicle Dealers Act, 2002", which was granted on abuse of process grounds:
[2] ... Prohibition is a remedy to address a lower court or tribunal proceeding without jurisdiction. None of the arguments raised by the appellants to challenge the prosecution are jurisdictional. The Ontario Court of Justice is the appropriate forum to determine whether the provisions of the MVDA under which the appellants are charged apply to the conduct alleged in the Information. Further, to the extent the appellants allege that the respondent as a prosecutor is engaging in an abuse of process, the Ontario Court of Justice is also the appropriate forum to raise that issue.
[3] The appellants’ application for prohibition is an ill-conceived attempt to invoke the supervisory jurisdiction of the Superior Court for non-jurisdictional issues which are properly decided at trial in the Ontario Court of Justice. The motion judge was correct in concluding that the prohibition application was an abuse of process and had no prospect of success.
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