The Crown appealed the accused's acquittal on an arson charge and a costs order made against the Crown for late disclosure of an expert report.
During the trial, the Crown's primary fire investigator became seriously ill and could not complete his cross-examination.
The trial judge excluded his evidence in its entirety, as well as the evidence of a second expert whose report was disclosed late.
The Court of Appeal allowed the appeal, finding the trial judge erred by prematurely excluding the evidence before the end of the trial and failing to consider affording the incomplete evidence less weight.
The Court also vacated the costs order, finding the Crown's late disclosure was not flagrant or unjustified.
A new trial was ordered.
