Legal Word of the Day: “Surplusage”

five-gears-128

Surplusage — Not necessary. The term is relevant in Provincial Offences Act cases. Whether a piece of information is necessary or “surplusage” helps to determine whether a certificate or notice is “complete and regular on its face.”

In the leading omnibus case of Koshael, Justice Libman held that both proof of service and the correct amount of the set fine were not surplusage and in their absence, a Certificate of Offence is not “complete and regular on its face.”

In Bhandari, court held that “the appellant had notice of the proceedings and whether the issuing officer checked a box on the face of the certificate should no longer be a concern for the judicial officer considering completeness and regularity.”

Related Cases:

R. v. Khoshael (2000) Ont. No. 2110

R. v. Bhandari, 2006 ONCJ 46 (CanLII)

Durham (Regional Municipality) v. Verma, 2011 ONCJ 19 (CanLII)

Got something to say, add, clarify or retract? Leave a Reply

%d bloggers like this: