The applicants were charged with dangerous driving on April 14, 2013, and brought a motion to stay the proceedings for unreasonable delay under section 11(b) of the Charter.
The information was sworn on May 9, 2013, with the first trial date set for May 30, 2014 (over one year later).
An adjournment was granted on April 11, 2014, because a Crown witness needed to be in England.
The second trial date was set for November 28, 2014.
However, on the trial date, the Crown advised that it would not be calling the witness whose unavailability had prompted the adjournment.
The court found that the delay exceeded the Morin guidelines of 8-10 months for provincial courts and that the adjournment was unnecessary.
The charges were stayed.