Ian Robertson

The applicant brought a motion alleging the respondent breached a Trial Scheduling Endorsement Form (TSEF) by failing to serve his and his witnesses' affidavits in chief by the stipulated deadline.

The respondent argued the deadline was flexible due to trial adjournment.

The court found the respondent in breach, emphasizing that TSEF timelines are firm orders.

As a consequence, the court ordered that any of the respondent's witnesses whose affidavits were not served by October 25, 2024, would be prohibited from testifying at trial, subject to the trial judge's further order.

The applicant was also awarded costs for the motion.

The offender was convicted of possessing methamphetamine and fentanyl for the purpose of trafficking.

The Crown sought a sentence of 5 to 6 years, while the defence sought time served.

The court considered the offender's lengthy criminal record and the serious nature of the drugs, particularly fentanyl, as aggravating factors.

However, the court also recognized the offender's significant rehabilitative efforts while in custody.

The court sentenced the offender to 4 years in the penitentiary, less pre-sentence custody, resulting in 581 days remaining to be served.