The defendant, 961557 Ontario Ltd. operating as "The Crooked Cue," brought a s.11(b) Charter motion for a stay of proceedings due to inordinate delay in a Provincial Offences Act charge.
The court calculated the total delay, subtracted periods attributable to defence conduct (including a largely unsuccessful disclosure motion, issues with setting trial dates, failure to perfect the s.11(b) motion, a directed verdict motion, and a motion to take a view), and accounted for COVID-19 as an exceptional circumstance.
The net delay, after deductions, fell below the 18-month presumptive ceiling for provincial court matters.
The defendant failed to demonstrate the remaining delay was unreasonable or that they took meaningful steps to expedite the case.
The motion was dismissed.
