The Crown appealed a summary conviction acquittal entered after the trial judge denied the Crown's request for an adjournment.
The adjournment was sought on the first and second days of trial due to the sudden and serious illness of the assigned trial Crown.
The trial judge forced the matter on, leading the Crown to call no evidence.
On appeal, the Superior Court of Justice found that the trial judge failed to properly weigh the relevant factors, including the public interest in a trial on the merits and the lack of fault by the Crown.
The appeal was allowed, the acquittal set aside, and the matter remitted for a new trial.
