The appellant appealed a decision of the Ontario Court of Appeal that reversed a stay of proceedings entered by the trial judge due to unreasonable delay.
The Supreme Court of Canada, in a majority oral judgment, allowed the appeal and restored the stay.
The majority found that the trial judge carefully considered all relevant factors from Askov and Morin and made no error in exercising his discretion.
The dissenting justices would have dismissed the appeal, agreeing with the Court of Appeal that the trial judge erred in dealing with the period of delay and prejudice.
