Kevin Kaczmara

The applicant, charged with trafficking cocaine, brought a Rowbotham application seeking a stay of proceedings until the state agreed to fund his legal counsel.

Although he had been denied legal aid, the court found his financial disclosure deficient.

He failed to provide evidence of his recent employment income, the value of his vehicle, or a logical explanation for transactions in his girlfriend's bank account.

The application was dismissed as the applicant did not prove on a balance of probabilities that he could not afford to retain private counsel.

Marcia Motayne, charged with fraud, brought a late Section 8 Charter challenge to exclude a roofing invoice and employee records, claiming a privacy interest.

The court dismissed the application summarily, finding no reasonable expectation of privacy as the documents were already in the public domain through prior civil proceedings.

The court also emphasized the trial judge's power to dismiss unmeritorious applications to prevent delay.