The corporate defendant was charged under the Occupational Health and Safety Act following an investigation into asbestos exposure.
The trial judge granted a stay of proceedings, finding that the Crown's unexplained pre-charge delay amounted to an abuse of process, which was upheld on initial appeal.
The Court of Appeal allowed the Crown's appeal, holding that the lower courts erred in inferring prejudice to the corporate accused and improperly placed a burden on the Crown to explain pre-charge delay absent bad faith, effectively creating a judicial limitation period.
