141 (1) A notice under section 140 in respect of an application for relief in the nature of certiorari shall be given at least seven days and not more than ten days before the date fixed for the hearing of the application and the notice shall be served within thirty days after the occurrence of the act sought to be quashed.  R.S.O. 1990, c. P.33, s. 141 (1). Filing material (2) Where a notice referred to in subsection (1) is served on the person making the decision, order or warrant or holding the proceeding giving rise to the application, the clerk of the court shall forthwith ensure that all material concerning the subject-matter of the application is filed with the Superior Court of Justice for use on the application.  R.S.O. 1990, c. P.33, s. 141 (2); 2000, c. 26, Sched. A, s. 13 (5); 2020, c. 18, Sched. 18, s. 13; 2023, c. 12, Sched. 7, s. 1. Motion to continue proceeding (2.1) Where a notice referred to in subsection (1) is served in respect of an application, a person who is entitled to notice of the application under subsection 140 (2) may make a motion to the Superior Court of Justice for an order that a trial in the proceeding giving rise to the application may continue despite the application and the Court may make the order if it is satisfied that it is in the interests of justice to do so.  2000, c. 26, Sched. A, s. 13 (3). Where appeal available (3) No application shall be made to quash a conviction, order or ruling from which an appeal is provided by this Act, whether subject to leave or otherwise.  R.S.O. 1990, c. P.33, s. 141 (3). Substantial wrong (4) On an application for relief in the nature of certiorari, the Superior Court of Justice shall not grant relief unless the court finds that a substantial wrong or miscarriage of justice has occurred, and the court may amend or validate any decision already made, with effect from such time and on such terms as the court considers proper.  R.S.O. 1990, c. P.33, s. 141 (4); 2000, c. 26, Sched. A, s. 13 (5). (5) Repealed:  2009, c. 33, Sched. 4, s. 1 (60). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (3, 5) - 6/12/2000 2009, c. 33, Sched. 4, s. 1 (60) - 15/12/2009 2020, c. 18, Sched. 18, s. 13 - 21/07/2020 2023, c. 12, Sched. 7, s. 1 - 08/06/2023 Habeas corpus 142 (1) On application, the Superior Court of Justice may by order grant any relief in respect of a matter arising under this Act that the applicant would be entitled to in an application for an order in the nature of habeas corpus.  R.S.O. 1990, c. P.33, s. 142 (1); 2000, c. 26, Sched. A, s. 13 (5). Procedure on application for relief in nature of habeas corpus (2) Notice of an application under subsection (1) for relief in the nature of habeas corpus shall be served upon the person having custody of the person in respect of whom the application is made and upon the Attorney General and upon the hearing of the application the presence before the court of the person in respect of whom the application was made may be dispensed with by consent, in which event the court may proceed to dispose of the matter forthwith as the justice of the case requires.  R.S.O. 1990, c. P.33, s. 142 (2). Idem (3) Subject to subsections (1) and (2), the Habeas Corpus Act applies to applications under this section, but an application for relief in the nature of certiorari may be brought in aid of an application under this section.  R.S.O. 1990, c. P.33, s. 142 (3). Idem (4) The Judicial Review Procedure Act does not apply to matters in respect of which an application may be made under section 140.  R.S.O. 1990, c. P.33, s. 142 (4). Costs (5) A court to which an application or appeal is made under section 140 or this section may make any order with respect to costs that it considers just and reasonable.  R.S.O. 1990, c. P.33, s. 142 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5) - 6/12/2000 PART VIII   ARREST, BAIL AND SEARCH Warrants Arrest