The applicant sought costs against the Crown following delays in disclosure and non-compliance with undertakings made at a Judicial Pre-Trial.
The applicant alleged that the Crown's failure to respond to six disclosure request letters, delayed notification to Legal Aid regarding appointment of independent counsel, and inconsistent information about occurrence reports and criminal records constituted conduct warranting a costs award.
The court dismissed the application, finding that while the Crown's conduct was unsatisfactory, it did not rise to the level of recklessness, conscious indifference to duty, or a marked and unacceptable departure from reasonable prosecution standards required to justify costs in criminal proceedings.
