The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We are all of the opinion that this appeal should be allowed and the order for extension of time obtained ex parte by the Crown set aside. In this case, the accused was acquitted on a summary conviction charge and the Crown failed to pursue its appeal by way of trial de novo within the prescribed thirty-day period. It moved thereafter ex parte, for an extension of time, which was granted. In our view, the accused should have been given notice of the application for extension, and the failure to do this deprived the District Court judge of jurisdiction to make the extension order. The appeal is accordingly allowed with costs but with one counsel fee only.
[Page 625]
Judgment accordingly.
Solicitors for the appellant: Shumiatcher, Findlay & Neufeld, Regina.
Solicitor for the respondents: H.M. Ketcheson, Regina.