J. Spence Stewart

The Crown appealed an order staying criminal charges on the basis of the respondent's health and alleged inability to defend himself.

The Court of Appeal held that the evidentiary record did not establish that the respondent would probably be unable to defend himself or that the trial process would probably cause significant harm to his health.

The stay was found to be premature, with the court noting that fitness and health concerns could be revisited if they arose during trial.

The appeal was allowed and the matter was remitted for trial.

The Crown appealed a decision holding it liable in nuisance for damage caused to the respondents' orchards by the use of road salt as a de-icing agent on an adjoining highway.

The Supreme Court of Canada dismissed the appeal, agreeing entirely with the trial judge's conclusions and reasons, which had been affirmed by the Ontario Court of Appeal.

The appeal was dismissed with costs to the respondents on a solicitor and client basis.