Elina Constance Di Luca

The defendant was charged with four offences under the Fire Protection and Prevention Act, 1997 relating to violations of the Ontario Fire Code at a residential property.

The defendant requested an adjournment to retain new counsel, which was denied.

The defendant then refused to participate in the trial and stormed out of court.

The trial proceeded ex parte.

The prosecution proved all four charges beyond a reasonable doubt through the testimony of a Fire Prevention Inspector who documented extensive fire code violations including missing smoke alarms, combustible materials in common areas, and lack of testing records.

The defendant was convicted on all counts and sentenced to fines totaling $18,000 payable within six months.

The court emphasized the defendant's pattern of delay, non-compliance, and disrespect for the court and the administration of justice.

A numbered company operating as an entertainment establishment/nightclub was charged with operating without the required municipal license under the City of Toronto Municipal Code.

The accused brought a motion for a stay of proceedings pursuant to section 24(1) of the Canadian Charter of Rights and Freedoms, alleging that its right to be tried within a reasonable time under section 11(b) of the Charter had been infringed.

The Crown opposed the motion.

The court found that the total delay of 17 months, comprising 12 months of Crown and institutional delay, exceeded the acceptable threshold for a routine Part III provincial offence.

The court granted the motion and stayed the proceedings.