Dr. Chow

The Crown appealed a trial judge's decision to stay charges against W.R., an intellectually disabled man, for sexual assault, due to unreasonable delay under R. v. Jordan.

The trial judge found a 21-month delay, exceeding the 18-month ceiling for the Ontario Court of Justice, and no exceptional circumstances.

The Crown argued errors in assessing complexity, discrete events, and transitional provisions.

The appellate court dismissed the appeal, upholding the trial judge's findings that the case was not complex, the Crown failed to act diligently in securing expert evidence, and the delay was unreasonable even under pre-Jordan guidelines.

The appellant tripped and fell on a ramp while exiting the respondent's store, sustaining injuries including a torn rotator cuff.

At trial, the judge awarded $13,598 in damages after finding the appellant 50% contributorily negligent and concluding her shoulder injury was not caused by the fall.

On appeal, the Divisional Court found the trial judge made palpable and overriding errors by ignoring medical and lay evidence regarding causation and misapplying the principles of causation and apportionment.

The Court reduced the appellant's contributory negligence to 15% and reassessed damages, awarding a total of $104,044.41.