Mr. Khorsand

The defendants, Limen Group Const. (2019) Ltd., Octavio Tome, and Emanuel Tavares, brought three Charter motions (No. 5, 7, and 8) for a stay of proceedings, alleging violations of their section 7, 11(b), and 11(d) Charter rights, prosecutorial misconduct, and unreasonable delay.

Motion No. 5 alleged failure to call a witness, late disclosure of an immunity agreement, and failure to vet witnesses.

Motions No. 7 and 8 alleged unreasonable delay under section 11(b) of the Charter, applying the Jordan framework.

The court dismissed all motions, finding no irreparable prejudice from disclosure issues, no prosecutorial misconduct, and that the overall delay, after accounting for defence delay and discrete events, fell below the presumptive Jordan ceiling.

The court noted the defence's conduct contributed significantly to the trial's length.

During a trial for offences under the Occupational Health and Safety Act, the Crown sought to admit expert evidence from an engineer, Mr. Khorsand, regarding structural engineering and hoisting practices.

The defence challenged his qualifications, alleging bias and negligence.

The court applied the two-component test for expert evidence admissibility, finding Mr. Khorsand met the threshold requirements as a properly qualified and unbiased expert.

The court determined that the benefits of admitting his evidence outweighed any potential harm, such as undue consumption of time, and allowed him to testify.