Cengiz Ay applied for a stay of proceedings, alleging a violation of his s.11(b) Charter right to be tried within a reasonable time.
The total delay was 33 months and two weeks (1019 days).
The court applied the R. v. Jordan framework, deducting periods of defence-caused delay (waivers, counsel removal, requests for time to retain new counsel) and discrete events (COVID-19 impact on scheduling, Crown witness illness).
After deductions, the net delay was calculated to be 17 months, which is below the 18-month presumptive ceiling for the Ontario Court of Justice.
The court found that the applicant did not take meaningful and sustained steps to expedite the proceedings, nor did the case take markedly longer than it reasonably should have.
The application for a stay of proceedings was denied.