The Crown appealed a stay of proceedings granted to the respondent, Jake Grant, on an assault charge.
The trial judge had stayed proceedings due to alleged abuse of process, citing the complainant's monetary motivation, police misconduct in not referring the investigation out, and Crown's disclosure issues (not disclosing *R. v. Tout* and not calling the complainant).
The appellate court found that the trial judge made reversible errors in law and fact, particularly in misapprehending the evidence (especially surveillance videos), misapplying the *Babos* test for abuse of process, and incorrectly stating the Crown's duty to call witnesses or the accused's right to confront an accuser.
The appellate court found the police investigation was comprehensive and the disclosure process was adequately managed through pre-trial conferences.
The court concluded that the case was not one of the "rarest of cases" warranting a stay and that the administration of justice would be brought into disrepute if the charges did not go to trial, given the egregious conduct depicted in the surveillance videos.
The appeal was allowed, the stay quashed, and the matter remitted for trial before a different judge.