The appellant sought leave to appeal a summary conviction appeal judge's decision setting aside a stay of proceedings for impaired driving charges.
The trial judge had originally granted the stay under s. 11(b) of the Charter due to delay.
The Court of Appeal refused leave to appeal, finding that the lower courts reasonably attributed a four-month adjournment to neutral delay rather than institutional delay.
The Court also agreed that the prejudice of additional legal fees did not override the public interest in a trial on the merits in a borderline delay case.
