Matt Collins

The defendants, Philip Dass and Oren Lazore, brought s. 11(b) Charter applications for a stay of proceedings due to unreasonable delay.

The total delay from charge to anticipated trial completion was 29.46 months.

After deducting 57 days of defence delay for Mr. Dass, the net delay was 27.5 months, which is below the 30-month presumptive ceiling for Superior Court matters.

The court found that Mr. Dass did not demonstrate a sustained effort to expedite the proceedings, nor did the case take "markedly longer" than it reasonably should have.

Mr. Lazore's application also failed, partly due to his counsel's unavailability causing further delay.

Both applications for a stay of proceedings were dismissed.

The accused was charged with multiple offences following an armed robbery at a Shoppers Drug Mart by two masked men.

The Crown's case relied entirely on circumstantial evidence, including video surveillance, Facebook messages, and the testimony of an unsavoury witness.

The court applied the Nikolovski principles for video identification and the Villaroman framework for circumstantial evidence.

The court concluded that the totality of the circumstantial evidence, including similarities in tattoos, clothing, and a recovered glove, proved beyond a reasonable doubt that the accused was one of the perpetrators.

The accused was found guilty on all counts.

The accused pleaded guilty to assault causing bodily harm, mischief, breach of probation, and theft.

A trial was held to determine guilt for sexual assault and forcible confinement.

The court assessed the complainant's credibility and reliability, considering inconsistencies in her account, the absence of physical marks from restraints, her disposal of evidence, and an alleged motive to fabricate.

The court found the complainant credible and reliable, supported by corroborating evidence from the accused's admissions on other charges and physical evidence.

The accused was found guilty of sexual assault and forcible confinement.