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A stay of proceedings was entered for unreasonable delay exceeding the 18-month Jordan ceiling.
This case concerns an application by the accused, Taiga Building Products Ltd., for a stay of proceedings due to unreasonable delay under section 11(b) of the Canadian Charter of Rights and Freedoms.
The trial, related to an Occupational Health and Safety Act charge following a workplace fatality, spanned 11 days over nearly two years.
The court applied the R. v. Jordan framework, calculating a total delay of 23 months and 29 days.
After deducting 80 days for defence delay and 39 days for a discrete COVID-19 related event, the net delay was 610 days (20.05 months), exceeding the 18-month presumptive ceiling for the Ontario Court of Justice.
The court found the case was not particularly complex and that the delay was unreasonable, partly due to the Crown's unsuccessful expert qualification application and late disclosure.
A stay of proceedings was entered.
The court dismissed the commercial tenant's claims that the hospital breached parking lease provisions.
The Professional Centre brought a motion for summary judgment against The Ottawa Hospital concerning the interpretation of parking provisions in a 49-year lease and related Memorandum of Agreement.
The Professional Centre alleged breaches regarding the availability of 250 parking spaces, remittance of revenue from 40 parking spaces, and unauthorized use of encroaching parking spaces and an access road.
The Hospital denied any breach, asserting it exercised contractual discretion in good faith.
The court dismissed all of the Professional Centre's claims, finding no breach of the lease, that the Hospital had an implied easement over the access road, and that the Professional Centre failed to prove damages, including a high vacancy rate, were caused by the alleged parking issues.
