The Ontario Court of Justice dismissed Brian Cobb's application to stay proceedings following his conviction for uttering a threat to cause bodily harm.
The application alleged multiple Charter breaches and abuse of process, including interference in the solicitor-client relationship, improper appointment of counsel under s. 486.3 of the Criminal Code, and judicial misconduct.
The court found only one Charter breach related to the manner in which counsel was appointed under s. 486.3, but this breach was not serious enough to warrant a stay.
The court emphasized that vacating trial dates does not equate to dismissal of charges and rejected allegations of judicial bias and prosecutorial misconduct.
The application was dismissed, and sentencing was to proceed.
