2 total
Jordan ceilings exclude verdict deliberation time, which is assessed under a markedly longer standard.
The appellant was charged with sexual offences and convicted after the trial judge reserved judgment for approximately nine months following the conclusion of evidence and argument.
The appellant sought a stay of proceedings on the basis that the delay between charges and verdict was unreasonable under s. 11(b) of the Charter.
The Supreme Court held that while s. 11(b) applies to verdict deliberation time, the Jordan presumptive ceilings do not extend to that period.
The applicable test is whether verdict deliberation time took markedly longer than it reasonably should have in all of the circumstances, assessed in light of the presumption of judicial integrity.
Applying this test, the appellant failed to establish a breach of s. 11(b), given that the trial and most of the deliberation occurred before Jordan was released.
Board has jurisdiction to substitute Vice-Chair for damages phase after original Vice-Chair's death.
The applicant union filed a grievance against the respondent employer.
In a prior decision, the Board determined liability but remained seized on damages.
Before the damages issue could be resolved, the original Vice-Chair died.
A new panel, with a substituted Vice-Chair and the original Board members, was convened.
The respondent argued the Board lacked jurisdiction to substitute Vice-Chairs and that the matter must recommence from the beginning.
The Board held it had jurisdiction to continue, as damages appeared to be a discrete issue from liability.
The matter was relisted to determine if the prior decision was sufficiently clear to assess damages without rehearing evidence.
