C. Dobson

The accused were charged with possession of cocaine for the purpose of trafficking after police executed a search warrant at a residence.

Cocaine was found in a bedroom and the kitchen.

The Crown relied on circumstantial evidence to prove constructive or joint possession.

The court found that the Crown failed to prove beyond a reasonable doubt that the first accused occupied the bedroom or that the second accused had a measure of control over the drugs found in the common kitchen area.

Both accused were acquitted.

The defendants brought motions for security for costs against the plaintiffs.

The plaintiffs sought leave to file a supplementary affidavit regarding their alleged impecuniosity, which was served six months after the deadline set by a court-ordered timetable.

The court denied leave, finding that plaintiffs' counsel failed to provide a reasonable, good faith explanation for the delay and had ignored the court's explicit direction to research the evidentiary requirements for impecuniosity before drafting the initial materials.