The accused, convicted of 12 counts of fraud in a multi-million dollar Ponzi scheme, brought a motion alleging the Crown failed to make timely disclosure and failed to preserve evidence, seeking a stay of proceedings.
The court found that while there were some minor oversights in disclosure, they did not impact the accused's ability to make full answer and defence.
The court also found no duty on the police to preserve irrelevant emails and noted a lack of due diligence by the accused in requesting disclosure.
The disclosure application was dismissed.
