The applicant, Neil Davis, brought an application seeking a declaration that the trial judge had lost jurisdiction and an order of prohibition, alleging a reasonable apprehension of bias.
This application automatically suspended the ongoing criminal trial.
The Crown requested a summary dismissal or an order for the trial to continue.
The court reviewed the underlying trial record and found no merit to the applicant's claim of reasonable apprehension of bias, emphasizing the high threshold for such claims.
Consequently, the court ordered the criminal trial to continue as scheduled, effectively denying the suspension sought by the applicant, and noted that the issues raised in the application might become moot if the trial concluded, leaving appeal as the appropriate avenue.