The appellant appealed as of right from a decision of the British Columbia Court of Appeal, which allowed the Crown's appeal from a stay of proceedings and ordered a new trial.
The Supreme Court of Canada dismissed the appeal, agreeing that this was not one of the clearest cases warranting a stay.
The Court of Appeal was justified in reversing the trial judge's exercise of discretion because the trial judge failed to consider the appellant's lack of timely objection to non-disclosure and erred in finding a stay was the only appropriate remedy.
