APPELLATE PRACTICE — Abuse of Court Process — Appeal and Certiorari — Same Subject Matter

This principle establishes that certiorari proceedings and an appeal achieve the same result—both invite the superior court to examine the proceedings of an inferior court with a view to setting it aside in favour of the aggrieved party. The principle applies where both remedies are pursued. It ensures that parties do not pursue both simultaneously. The principle reflects that the two remedies are functionally equivalent. It prevents duplication of proceedings. The court must recognize the equivalence. The principle provides guidance on the relationship between appeal and certiorari.