Older Uniform Acts
17. (1) The court has jurisdiction in a proceeding commenced under this Act to perform such powers and duties as are set out in this and any other Act, and in addition has the jurisdiction and the duty to complete the proceeding in accordance with principles of justice despite the absence of a statutory provision for any specific step of the proceeding.
(2) the court retains jurisdiction over the certificate of offence notwithstanding the failure of the court to exercise its jurisdiction at any particular time or that the provisions of this Act respecting adjournments are not complied with.
Judges of the "superior and county and district courts" have the jurisdiction of the courts of common law and equity in England before confederation. They therefore have an original jurisdiction to dispense justice, subject only to specific direction given by statute. The judges appointed by a province for courts created by the province have only the jurisdiction that is given by provincial statute. It frequently occurs that a court will take the position that it is powerless to act because the statute was not specific enough to cover an unusual situation or that no form has been prescribed for a particular order. Subsection 17(1) is an attempt to give the necessary statutory direction to enable judges to deal with a case on its merits.
The notion that the judge in a summary conviction case is seized of personal jurisdiction which can be lost if not exercised arose under the Criminal Code as a result of giving jurisdiction to persons (magistrates) to be appointed by the provinces. This obstacle is avoided by giving jurisdiction to the court and the old concept is abolished by subsection 17(2).
18. (1) Proceedings shall not be commence after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed.
(2) A limitation period may be extended by a judge with the consent of th defendant.
The main purpose of subsection (2) is to enable a willing defendant and prosecutor to accept a guilty plea to a lesser offence for which the limitation period has expired.
19. (1) The judge presiding when evidence is first taken at the trial shall preside over the whole of the trial.
(2) Where evidence has been taken at a trial and, before making an adjudication, the presiding judge dies or in th opinion of the judge or of the chief judge is for any reason unable to continue, another judge shall conduct the hearing again as a new trial.
(3) Where evidence has been taken at a trial and, after making an adjudication but before making an order or imposing a sentence the presiding judge dies or in the opinion of the judge or of the chief judge is for any reason unable to continue, another judge may make the order or impose the sentence that is authorized by law.
(4) A judge presiding at a trial may, at any stage of the trial and upon the consent of the prosecutor and the defendant, order that the trial be conducted by another judge and, upon the order being made, subsection (2) applies as if the judge were unable to act.
20. A count in a charge that is described in a manner that is prescribed in the regulations made under section 133 shall be deemed to incorporate all the essential elements of the offence.
Contents of Counts
21. (1) This section applies to charges made in a certificate of offence that are not prescribed, or that are not made in the manner prescribed, by the regulations made under section 133.
(2) Each offence charged shall be set out in a separate count.
(3) Each count shall in general apply to a single transaction and shall contain, and is sufficient if it contains, in substance a statement that the defendant committed an offence that is specified in the count.
(4) Where in a count an offence is identified but the count fails to set out one o r more of the essential elements of the offence, a reference to the provision creating or defining the offence shall be deemed to incorporate all the essential elements of the offence.
(5) The statement referred to in subsection (3) may be,
(a) in popular language without technical averments or allegations of matters that are not essential to be proved;
(b) in the words of the enactment that describes the offence; or
(c) in words that are sufficient to give the defendant notice of the offence with which the defendant is charged.
(6) Any number of counts for any number of offences may be joined in the same charge.
(7) A count shall contain sufficient detail of the circumstances of the alleged offence to give the defendant reasonable information with respect to the act or omission to be proved against the defendant and to identify the transaction referred to.
(8) No count is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of this section and, without restricting the generality of the foregoing, no count is insufficient by reason only that,
(a) it does not name the person affected by the offence or intended or attempted to be affected;
(b) it does not name the person who owns or has a special property interest in property mentioned in the count;
(c) it charges an intent in relation to another person without naming or describing the other person;
(d) it does not set out any writing that is the subject of the charge;
(e) it does not set out the words used where words that are alleged to have been used are the subject of the charge;
(f) it does not specify the means by which the alleged offence was committed;
(g) it does not name or describe with precision any person place or thing; or
(h) it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.
(9) A count is not objectionable for the reason only that,
(a) it charges in the alternative several different matters, acts or qualification prescribed by law is required to be set out or negatived, as the case may be, in a charge.
22. (1) A defendant may at any stage of the proceeding apply to the court to amend or to divide a count that,
(a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that creates or describes the offence; or
(b) is double or multifarious, on the ground that, as framed, it prejudices the defence.
(2) Upon an application under subsection (1), where the court is satisfied that the ends of justice so require, it may order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.
23. Where the offence is charged includes another offence, he defendant may be convicted of the offence that is included if it is proved, notwithstanding that the whole offence charged is not proved.
Parties to Offence
24.(1) Every person is a party to an offence who,
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.
(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other in it and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be probable consequence of carrying out the common purpose is a party to the offence.
Counselling and Procuring
25. (1) Where a person counsels or procures another person to be a party to an offence and that other person si afterwards a party to the offence, the person who counselled or procured is a party to the offence, notwithstanding that the offence was committed in a way different from that which was counselled or procured.
(2) Every person who counsels or procures another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling or procuring nd that the person who counselled or procured knew or ought to have known was likely to be committed in consequence of the counselling or procuring.
26. (1) An objection to a certificate for a defect apparent on its face shall be taken by motion to quash the certificate before the defendant has pleaded, and thereafter only by leave of the court.
(2) The court shall not quash a certificate unless an amendment or particulars under section 28 would fail to satisfy the ends of justice.
27. (1) The court may, at any stage of the proceeding, amend the certificate as may be necessary if it appears that the certificate,
(a) fails to state or states defectively anything that is requisite to charge the offence;
(b) does not negative an exception that should be negatived; or
(c) is in any way defective in substance or form.
(2) The court may, during the trial, amend the certificate as may be necessary if the matters alleged in the proposed amendment are disclosed by the evidence taken at the trial.
(3) A variance between the certificate and the evidence taken at the trial is not material with respect to,
(a) the time when the offence is alleged to have been committed, if it is proved that the certificate was issued within the prescribed period of limitation; or
(b) the place where the subject-matter of the proceeding is alleged to have arisen, except in an issue as to the jurisdiction of the court.
(4) The court shall, in considering whether or not an amendment should be made, consider,
(a) the evidence taken on the trial, if any;
(b) the circumstances of the case;
(c) whether the defendant has been misled or prejudiced in his or her defence by a variance, error or omission; and
(d) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.
(5) The question whether an order to amend a certificate should be granted or refused is a question of law.
(6) An order to amend a certificate shall be endorsed on the certificate as part of the record and the trial shall proceed as if the certificate had been originally laid as amended.
28. The court may, before or during trial, if it is satisfied that it is necessary for a fair trial, order that a particular, further describing any matter relevant to the proceedings, be furnished to the defendant.
Costs on Amendment or Particulars
29. Where the certificate is amended or particulars are ordered and as a result an adjournment is necessary, the court may make an order under section 78 for costs resulting from the adjournment.
Stay of Proceeding
30. (1) In addition to the right of the Attorney General to withdraw a charge, the Attorney General or his or her agent may stay any proceeding at any time before judgment by direction in court to the clerk of the court in which the proceeding is conducted and thereupon any recognizance relating to the proceeding is vacated.
(2) A proceeding stayed under subsection (1) may be recommenced by direction of the Attorney General, the Deputy Attorney General or a Crown Attorney to the clerk of the court in which the proceeding was stayed but a proceeding that is stayed shall not be recommenced,
(a) later than one year after the stay; or
(b) after the expiration of any limitation period applicable, which shall run as if the proceeding had not been commenced until the recommencement, whichever is the earlier.
Trying Together or Separately
31. (1) The court may, before trial, where it is satisfied that the ends of justice so require, direct that separate counts or certificates be tried together or that persons whoa re charged separately be tried together.
(2) The court may, before or during the trial, where it is satisfied that the ends of justice so require direct that separate counts or certificates be tried separately or that persons who are charged jointly or are being tried together be tried separately.
32.(1) After being informed of the substance of the certificate, the defendant shall be asked whether he or she pleads guilty or not guilty of the offence charged in the certificate.
(2) Where the defendant pleas guilty, the court may accept the plea and convict the defendant.
(3) Where the defendant refuses to plead or does not answer directly, the court shall enter a plea of not guilty.
(4) Where the defendant pleads not guilty of the offence charged but guilty of any other offence, whether or not it is an included offence, the court may, with the consent of the prosecutor, accept the plea of guilty and accordingly amend the certificate or substitute the offence to which the defendant pleas guilty.
33. (1) where the defendant pleas not guilty, the court shall hold the trial.
(2) the defendant is entitled to make full answer and defence.
(3) The prosecutor and defendant may examine and cross-examine witnesses.
(4) The court may receive and act upon any facts agreed upon by the defendant and prosecutor without proof or evidence.
(5) Notwithstanding section 00 of the Evidence Act, the defendant is not a compellable witness for the prosecution.
Provincial and territorial legislation for evidence is designed for civil actions. It is common to have a provision that parties to an action are competent and compellable to give evidence in the action on behalf of themselves or of any party to the action. This is not the criminal law rule which needs to be stated as in subsection (5). This question is not the issue of self incrimination, which is usually equally necessary, and provided for, in respect of civil actions.
34. (1) A defendant may appear and act personally or by counsel or agent.
(2) A defendant that is a corporation shall appear and act by counsel or agent.
(3) The court may bar any person from appearing as an agent who is not barrister and solicitor entitled to practise law in (enacting jurisdiction) if the court finds that the person is not competent properly to represent or advise the person for whom the agent appears or does not understand and comply with the duties and responsibilities of an agent.
Compelling Personal Appearance
35. Notwithstanding that a defendant appears by counsel or agent, the court may order the defendant to attend personally and, where it appears to be necessary to do so, may issue a summons in the prescribed form.
Non-appearance of Prosecutor
36. (1) Where the defendant appears for a hearing and the prosecutor, having had due notice, does not appear, the court may dismiss the charge or may adjourn the hearing to another time upon such terms as it considers proper.
(2) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned hearing under subsection (1), the court may dismiss the charge.
(3) Where a hearing is adjourned under subsection (1) or a charge is dismissed under subsection (2), the court may make an order under section 77 for the payment of costs.
(4) Where a charge is dismissed under subsection (1) or (2), the court may, if requested by the defendant, draw up an order of dismissal stating the grounds for the dismissal and shall give the defendant a certified copy of the order of dismissal which is, without further proof, a bar to any subsequent proceeding against the defendant in respect of the same cause.
Non-appearance of Defendant
37.(1) Where a defendant does not appear at the time and place appointed for a hearing and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that a summons was served, a notice of trial was given, an undertaking to appear was given or a recognizance to appear was entered into, or where the defendant does not appear upon the resumption of a hearing that has been adjourned, the court,
(a) may proceed to hear and determine the proceeding in the absence of the defendant;
(b) may, if it thinks fit, adjourn the hearing and issue a summons to appear or issue a warrant in the prescribed form for the arrest of the defendant; or
(c) may, where the defendant does not appear in response to the summons or warrant on the date to which the hearing is adjourned, proceed under clause (a) or (b).
(2) Where the court proceeds to hear and determine the proceeding in the absence of the defendant, no proceeding arising out of the failure of the defendant to appear at the time and place appointed for the hearing or for the resumption of the hearing shall be instituted, or if instituted shall be proceeded with, except with the consent of the Attorney General or the Attorney General's agent.
38. (1) Every element of an offence must be proved beyond a reasonable doubt.
(2) It is not necessary to prove that the defendant intended to commit the offence except insofar as intent is expressly stated to be an element of the offence.
(3) It is a defence to a charge of an offence that the defendant used all due diligence to avoid the commission of the offence unless the liability is expressly stated to be absolute.
(4) It is a defence to a sentence of imprisonment that the defendant did not have a gross disregard for the exercise of due diligence to avoid the commission of the offence.
(5) there is a presumption that the defences in subsections (3) and (4) are absent unless there is evidence to the contrary that is sufficient to raise a reasonable doubt.
(6) No civil remedy for an act or omission is suspended or affected for the reason that the act or omission is an offence.
Section 38 incorporates the decisions of the Supreme Court of Canada Rv City of Sault Ste Marie (1978), 40 C.C.C. (2d) 353 and of he Ontario Court of Appeal in R v Wholesale Travel Group Inc. (1989), 63 D.L.R. (4th) 325 and, more recently, R v Ellis Don Limited. Subsection (4) was not included in those decisions.
Common Law Defences
39. (1) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of offences, except in so far as it is altered by or inconsistent with this or any other Act.
(2) Ignorance of the law by a person who commits an offence is not an excuse for committing the offence.
40. (1) The court may, from time to time, adjourn a trial or hearing but, where the defendant is in custody, an adjournment shall not be for a period longer than eight days without the consent of the defendant.
(2) A trial or hearing that is adjourned for a period may be resumed before the expiration of the period with the consent of the defendant and the prosecutor.
Fitness to Stand Trial
41.(1) Where at any time before a defendant is sentenced a court has reason to believe, based on,
(a) the evidence of a legally qualified medical practitioner or, with the consent of the parties, a written report of a legally qualified medical practitioner; or of the parties, a written report of a legally qualified medical practitioner; or
(b) the conduct of the defendant in the courtroom,
that the defendant suffers from mental disorder, the court may by order suspend the proceedings and direct the trial of the issue as to whether the defendant is, because of mental disorder, unable to conduct his or her defence.
(2) For the purposes of subsection (1), the court may order the defendant to attend to be examined under subjection (6).
(3) Where on the trial of an issue the court finds that the defendant is, because of mental disorder, unable to conduct his or her defence, the court shall order that further proceeding on the charge be suspended.
(4) Where on the trial of an issue the court finds that the defendant is able to conduct his or her defence, the court shall order that the suspended proceeding be continued.
(5) At any time within one year after an order is made under subsection (3), either party may, upon seven days notice to the other party, apply to the court to rehear the trial of the issue and where upon the rehearing the court finds that the defendant is able to conduct his or her defence, the court may order that the suspended proceeding be continued.
(6) For the purposes of subsection (1) or a hearing or rehearing under subsection (3),(4) or (5), the court may order the defendant to attend at such place or before such person and at or within such time as are specified in the order and submit to an examination for the purpose of determining whether the defendant is, because of mental disorder, unable to conduct his or her defence.
(7) Where the defendant fails or refuses to comply with an order under subsection (6) without reasonable excuse or where the person conducting the examination satisfies a judge that it is necessary to do so, the judge may by warrant direct that the defendant be taken into such custody as is necessary for the purpose of the examination and in any event for not longer than seven days and, where it is necessary to detain the defendant in a place, the place shall be, where practicable, a psychiatric facility.
(8) Where an order is made under subsection (3) and one year has elapsed and no further order is made under subsection (4), no further proceeding shall be taken in respect of the charge or any other charge arising out of the same circumstance.
42.-(1) Evidence under this Act shall be taken under oath, except as otherwise provided by law.
(2) Proceedings in which evidence is taken shall be recorded.
(3) Where a certificate as to the content of an official record is, by any Act, made admissible in evidence as proof in the absence of evidence to the contrary, the court may, for the purpose of deciding whether the defendant is the person referred to in the certificate, receive and base its decision upon information it considers credible or trustworthy in the circumstances of each case.
Attendance of Witnesses
43.-(1) Where a judge is satisfied that a person is able to give material evidence in a proceeding under this Act, the judge may issue a subpoena requiring the person to attend to give evidence and bring with him or her any writings or things referred to in the subpoena.
(2) A subpoena shall be served and the service shall be proved in the same manner as a summons under section 16.
(3) A person who is served with a subpoena shall attend at the time and place stated in the subpoena to give evidence and, if required by the subpoena, shall bring any writing or other thing that he or she has in possession or control relating to the subject-matter of the proceeding.
(4) A person who is served with a subpoena shall remain in attendance during the hearing and the hearing as resumed after adjournment from time to time unless the person is excused from attendance by the presiding judge.
Compelling Attendance of Witnesses
44.-(1) Where the court is satisfied upon evidence under oath that a person is able to give material evidence that is necessary in a proceeding under this Act and,
(a) the person will not attend if a subpoena is served; or
(b) attempts to serve a subpoena have been made and have failed because the person is evading service,
the court may issue a warrant in the prescribed form for the arrest of the person.
(2) Where a person who has been served with a subpoena to attend to give evidence in a proceeding does not attend or remain in attendance, the court may, if it is established,
(a) that the subpoena has been served; and
(b) that the person is able to give material evidence that is necessary, issue or cause to be issued a warrant in the prescribed form for the arrest of the person.
(3) The police officer who arrests a person under a warrant issued under subsection (1) or (2) shall immediately take the person before a judge.
(4) Unless the judge is satisfied that it is necessary to detain a person in custody to ensure attendance to give evidence, the judge shall order the person released upon condition that the person enter into a recognizance in such amount and with such sureties, if any, as are reasonably necessary to ensure attendance.
(5) Where the judge is satisfied that it is necessary to detain the person in custody to ensure attendance to give evidence, the judge may order that the person be detained in custody to testify at the trial or to have his or her evidence taken by a commissioner under an order made under subsection (10).
(6) Where the judge does not make an order under subsection (5), the judge shall order that the person be released upon condition that the person enter into a recognizance in such amount and with such sureties, if any as are reasonably necessary to ensure attendance.
(7) A person who is ordered to be detained in custody under subsection (5) or is not released in fact under subsection (6) shall not be detained in custody for a period longer than ten days.
(8) A judge may at any time order the release of a person in custody under this section where the judge is satisfied that the detention is no longer justified.
(9) Where a person who is bound by a recognizance to attend to give evidence in a proceeding does not attend or remain in attendance, the court before which the person is bound to attend may issue a warrant in the prescribed form for the arrest of that person and,
(a) where the person is brought directly before the court, subsections (5) and (6) apply; and
(b) where the person is not brought directly before the court, subsections (3) to (6) apply.
(10) The court may order that the evidence of a person held in custody under this section be taken by a commissioner under section 48, which applies thereto in the same manner as to a witness who is unable to attend by reason of illness.
Order for a Prisoner to Attend
45.-(1) Where a person whose attendance is required in a court to stand trial or to give evidence is confined in a prison, and a judge is satisfied, upon evidence under oath given orally or by affidavit, that the persons attendance is necessary to satisfy the ends of justice, the judge may issue an order in the prescribed form that the person be brought before the court before which attendance is required, from day to day, as may be necessary.
(2) An order under subsection (1) shall be addressed to the person who has custody of the prisoner and on receipt of the order that person shall,
(a) deliver the prisoner to the police officer or other person who is named in the order to receive the prisoner; or
(b) bring the prisoner before the court upon payment of any reasonable charges in respect thereof.
(3) An order made under subsection (1) shall direct the manner in which the person shall be kept in custody and returned to the prison from which the person is brought.
Failure to Attend
46.-(1) Every person who, being required by law to attend or remain in attendance at a hearing, fails without lawful excuse to attend or remain in attendance accordingly is guilty of an offence and on conviction is liable to a fine of not more than $2,000, or to imprisonment for a term of not more than thirty days, or to both.
(2) In a proceeding under subsection (1), a certificate of the clerk or a judge of the court before which the defendant in that proceeding is alleged to have failed to attend stating that the defendant failed to attend is admissible in evidence as proof of the fact, in the absence of evidence to the contrary, without proof of the signature or office of the person appearing to have signed the certificate.
47.-(1) Upon the application of the defendant or prosecutor, the court may by order appoint a commissioner to take the evidence of a witness who is out of (the enacting jurisdiction) or is not likely to be able to attend the trial by reason of illness or physical disability or for some other good and sufficient cause.
(2) Evidence taken by a commissioner appointed under subsection (1) may be read in evidence in the proceeding if,
(a) it is proved by oral evidence or by affidavit that the witness is unable to attend for a reason set out in subsection (1);
(b) the transcript of the evidence is signed by the commissioner by or before whom it purports to have been taken; and
(c) it is proved to the satisfaction of the court that reasonable notice of the time and place for taking the evidence was given to the other party, and the party had full opportunity to cross-examine the witness.
(3) An order under subsection (1) may make provision to enable the defendant to be present or represented by counsel or agent when the evidence is taken, but failure of the defendant to be present or to be represented by counsel or agent in accordance with the order does not prevent the reading of the evidence in the proceeding if the evidence has otherwise been taken in accordance with the order and with this section.
Evidence on Another Charge
48. The court may receive and consider evidence taken before the same judge on a different charge against the same defendant, with the consent of the parties.
Evidence of Age
49. In the absence of other evidence, or by way of corroboration of other evidence, the court may infer the age of a person from the appearance of the person.
50.-(1) The court may order that an exhibit be kept in such custody and place as, in the opinion of the court, is appropriate for its preservation.
(2) Where any thing is filed as an exhibit in a proceeding, the clerk may release the exhibit upon the consent of the parties at any time after the trial or, in the absence of consent, may return the exhibit to the party tendering it after the disposition of any appeal in the proceeding or, where an appeal is not taken, after the expiration of the time for appeal.
51. A judge may authorize a person to act as interpreter in proceedings under this Act where the person swears the prescribed oath and, in the opinion of the judge, is competent and likely to be readily available.
52. Every person who makes an assertion of fact in a statement or entry in a document or form for use under this Act knowing that the assertion is false is guilty of an offence and on conviction is liable to a fine of not more than $2,000.
Removal of Defendant
53.-(1) The court may cause the defendant to be removed and to be kept out of court,
(a) when the defendant interrupts the proceedings so that to continue in the defendants presence would not be feasible; or
(b) where, during the trial of an issue as to whether the defendant is, because of mental disorder, unable to conduct his or her defence, the court is satisfied that failure to do so might have an adverse effect on the mental health of the defendant.
(2) The court may exclude the public or any member of the public from a hearing where, in the opinion of the court, it is necessary to do so for the maintenance of order in the courtroom or to remove an influence that might affect the testimony of a witness.
Contempt of Court
54.-(1) Except as otherwise provided by an Act, every person who commits contempt in the face of the court is on conviction liable to a fine of not more than $1,000 or to imprisonment for a term of not more than thirty days, or to both.
(2) Before proceedings are taken for contempt under subsection (1), the court shall inform the offender of the conduct complained of and the nature of the contempt and inform the offender of the right to show cause why he or she should not be punished.
(3) A punishment for contempt in the face of the court shall not be imposed without giving the offender an opportunity to show cause why he or she should not be punished.
(4) Except where, in the opinion of the court, it is necessary to deal with the contempt immediately for the preservation of order and control in the courtroom, the court shall adjourn the contempt proceeding to another day.
(5) Where the court proceeds to deal with a contempt immediately and without adjournment under subsection (4), the court may order the offender arrested and detained in the courtroom for the purpose of the hearing and determination.
(6) Where the offender is appearing before the court as an agent who is not a barrister and solicitor entitled to practise in (enacting jurisdiction), the court may order that he or she be barred from acting as agent in the proceeding in addition to any other punishment to which he or she is liable.
(7) An order of punishment for contempt under this section is appealable in the same manner as if it were a conviction of a regulatory offence.
As a court of record and a creation of statute, the regulatory offences court has powers to punish for contempt in the face of the court but not for contempt of its processes or other contempt outside of the courtroom. Section 54 retains that limit on the courts contempt jurisdiction but provides certain regular procedure.
55. Any action authorized or required by this Act is not invalid for the reason only that the action was taken on a non-juridical day.
Irregularity and Validity
56.-(1) The validity of any proceeding is not affected by,
(a) any irregularity or defect in the substance or form of the summons, warrant, offence notice, undertaking to appear or recognizance; or
(b) any variance between the charge set out in the summons, warrant, offence notice, undertaking to appear or recognizance and the charge set out in the certificate.
(2) Where it appears to the court that the defendant has been misled by any irregularity, defect or variance mentioned in subsection (1), the court may adjourn the hearing and may make such order as the court considers appropriate, including an order under section 78 for the payment of costs.
Extension of Time
57. Any time prescribed by this Act or the regulations made thereunder or by the rules of the court for doing any thing other than commencing or recommencing proceedings may be extended by the court, whether or not the prescribed time has expired.
58.-(1) Except where otherwise provided by this Act or the rules of the court, any notice or document required or authorized to be given or delivered under this Act or the rules of the court is sufficiently given or delivered if delivered, whether personally or by mail.
(2) Where a notice or document that is required or authorized to be given or delivered to a person under this Act or the rules of the court is mailed to the person at his or her last known address appearing on the record of the proceeding in the court, there is a rebuttable presumption that the notice or document is delivered to the person.