The accused sought an order severing sexual offence counts involving three complainants into separate trials, or alternatively into two trials separating older allegations from newer ones.
Applying the severance factors under s. 591(3) of the Criminal Code, the court held that the applicant had not shown on a balance of probabilities that severance was required in the interests of justice.
Overlapping narrative evidence, direct overlap between two complainants' evidence, the real possibility of successful similar fact admissibility, and delay concerns tied to trial scheduling all favoured joinder.
The application was dismissed.
