What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal?

Durno J. added, at para. 153, that the court’s inherent jurisdiction also plays a role, and includes “those residual powers required to permit the court to fulfil the judicial function of administering justice according to law in a regular, orderly and effective manner”. See also, Ontario v. Criminal Lawyers' Association of Ontario, 2013 SCC 43, [2013] 3 S.C.R. 3, at para. 21.

This court should not lightly second guess the discretionary decisions of local judges. As Hourigan J.A. observed in Louis v. Poitras, 2021 ONCA 49, 456 D.L.R. (4th) 164, at para. 3: There is no single province wide answer to the problems we face in delivering timely civil justice; local conditions will necessarily impact the choice of effective solutions. However, what must remain consistent across the province is that motion and trial judges have the discretion to respond to local conditions to ensure the timely delivery of justice. It is a necessary corollary to that proposition that intermediate courts of appeal should not lightly second guess those discretionary decisions. The Appellant’s Argument