The Peel Regional Police Service applied for a stay of a disclosure order pending an application for leave to appeal directly to the Supreme Court of Canada.
The disclosure order required the Crown to provide the investigative files of a police officer, who was charged with unrelated offences, to the accused as first-party disclosure.
The court applied the RJR-MacDonald test and found that there was a serious question to be determined, the applicant would suffer irreparable harm if the appeal became moot, and the balance of convenience favoured granting the stay.
The stay was granted, subject to terms regarding its expiration.
