Law360 Canada (July 7, 2022, 6:17 AM EDT) -- Appeal by the appellant from the dismissal of his application to the Superior Court of Justice for the extraordinary remedies of certiorari and mandamus on the grounds that the application judge took a restrictive view of the availability of extraordinary remedies in denying his application. The appellant was charged with one count of sexual assault. He was released on bail, with conditions that he should not be near or communicate with the complainant. The appellant elected to be tried in the Ontario Court of Justice by a judge alone. The Crown was made aware of the occurrence report relating to the July 1, 2019 complaint and disclosed the same. The appellant brought an application seeking a mistrial and an order for re-election to be tried in the Superior Court of Justice with a judge and jury, arguing his election was uninformed in the absence of the occurrence report. The trial judge dismissed the application, stating the delayed disclosure of the occurrence report would not have affected the outcome of the trial or the fairness of the trial process. The appellant then brought an application in the Superior Court of Justice seeking an order of certiorari setting aside the trial judge’s decision and an order of mandamus directing the trial judge to allow him to re-elect trial by judge and jury in the Superior Court of Justice. The application judge summarily dismissed the application, explaining that the remedies the appellant sought were not available because the alleged errors identified in the trial judge’s reasons were not jurisdictional in nature....