Rules of court.
http://www.canlii.net/on/laws/regu/1994 ... whole.html
EXTENSION OR ABRIDGMENT OF TIME
8. (1) Aâ€‚judge may extend or abridge the time for bringing an appeal and for doing any other act in connection with an appeal for which a time is prescribed before or after the expiration of the time prescribed. O. Reg. 722/94, r. 8 (1).
As evidenced above, the rules of court articulate that a judge may extend the time for bringing an appeal and for doing any other act in connection with an appeal.
As evidenced below, s. 85 of the POA claims otherwise. It only allows a judge to extend time for acts "other than commencing or recommencing a proceeding.
Commencing an appeal is commencing a proceeding. Section 85 states no extension of time is permitted.
The only other avenue of relief is an application for certiorari, which I mentioned previously. However, s. 141(3) states "No application shall be made to quash a conviction, order or ruling from which an appeal is provided by this Act..."
However, I found a case that states s. 141(3) is not a finality clause. Thus, there may be special and exceptional circumstances where the demands of justice require that a superior court exercise its supervisory jurisdiction by way of certiorari despite section 141(3).
Since your son was convicted of an offence contrary to the HTA
, and in breach of his rights under the Charter
, in my view, this is one of those special and exceptional circumstance cases.
The certiorari provisions do not limit the time for filing an application, like the appeal section does. Therefore, I believe this is the proper route you must take, P.
Section 141(4) articulates the court can only grant relief if the court finds that a substantial wrong or miscarriage of justice has occurred.
That is the case here as you son cannot be convicted of the offence he was convicted of.
Further, s. 142(5) allows you to seek costs. You can seek costs against either the counsel you hired who is responsible for misrepresented you, or against the crown who agreed to this deal that created the substantial wrong and miscarriage of justice against your son.
Extension of time
85. Any time prescribed by this Act or the regulations made thereunder or by the rules of court for doing any thing other than commencing or recommencing a proceeding
may be extended by the court, whether or not the prescribed time has expired.