Matthew Leef

The appellant appealed the dismissal of her Small Claims Court action against the respondents.

The deputy judge had dismissed the action under Rule 12.02(3) on the basis that it was commenced after the expiry of the applicable limitation period.

The Divisional Court allowed the appeal, finding that the appellant was denied procedural fairness because the deputy judge had only solicited written submissions on whether the action was an abuse of process, not on the limitation period defence.

The dismissal order was set aside and the matter remitted to the Small Claims Court.

The Crown appealed a trial judge's order staying charges against the respondents due to unreasonable delay under s 11(b) of the Charter.

The Crown argued the trial judge made several errors in attributing delay and assessing prejudice.

The Court of Appeal dismissed the appeal, finding the trial judge's analysis consistent with the Supreme Court's decision in Godin.

The Court emphasized deference to the trial judge's knowledge of local court practices and her strong factual findings regarding the prejudice suffered by the respondents over the 25-month delay.