The accused was charged with impaired driving and over 80 offences.
At trial, the defence filed a Charter application alleging a breach of the right to counsel under s. 10(b), seeking exclusion of breath sample evidence under s. 24(2).
The Crown moved to summarily dismiss the application for non-compliance with Rule 3.1(1) of the Ontario Court of Justice Criminal Rules, which requires service at least 30 days before the hearing.
The application was served only 3 days before trial, 27 days late.
The court granted the Crown's motion, holding that the late filing by the defence law firm was not justified and that adjourning the trial was not an appropriate alternative given the impact on court resources and the culture of complacency the Supreme Court directed trial judges to curtail.
