QUO WARRANTO PREROGATIVE WRIT LAWYER

What is the Prerogative Writ of Quo Warranto

Quo warranto is a royal prerogative writ involving a petition made to the sovereign, in Canada in the form of her Superior Court Justices, to demand by what warrant a public office holder exercises a right or power. It has almost completely fallen into disuse in Canada because of the advent of broad powers of judicial review and other prerogative remedies which permit one to argue a lower official acted unlawfully without jurisdiction, without actually challenging the basis for appointment. But in theory, it might still have some uses in rarer criminal law cases. 

Why Seek Quo Warranto

Quo warranto could challenge the validity of an appointment of a public officer, leading to that person being found to have none of the powers which s/he is purporting to exercise. 

How to Apply for Quo Warranto

Only a court of "original inherent jurisdiction" has authority under the Common Law to grant the royal prerogative writ of quo warranto, which in Ontario is the Superior Court of Justice. 

Quo warranto is sought by way of notice of application, and supporting affidavit with exhibits. 

It's possible to appeal a quo warranto decision by a Superior Court up to the Court of Appeal.