Garson

The applicant, charged with fraud over $5000, brought a motion for a stay of proceedings alleging a violation of her right to be tried within a reasonable time under s. 11(b) of the Charter.

The total delay was 38.4 months.

The court deducted 8.25 months as defence delay due to implicit waiver during protracted resolution discussions, and a further 1.15 months for discrete exceptional circumstances caused by the COVID-19 pandemic.

The remaining delay fell below the 30-month ceiling and was found to be reasonable, as the applicant took no meaningful steps to expedite the proceedings.

The application was dismissed.

The plaintiff brought an action for damages against his former partner, several police officers, and the police services board for negligent investigation, malicious prosecution, false arrest, and Charter breaches arising from two arrests related to a property dispute.

The court found that two officers lacked reasonable and probable grounds to arrest the plaintiff for break and enter and breach of recognizance, respectively, and failed to conduct adequate investigations.

The court held the two officers and the police services board liable for negligent investigation and false arrest, awarding $40,192 in damages.

The claims for malicious prosecution and the claims against the former partner and other officers were dismissed.