The accused faced charges for home invasion robberies in Oakville and Scarborough.
The Crown filed a direct indictment, vacating a scheduled trial on the Scarborough charges.
The accused brought an application for a stay of proceedings, arguing the direct indictment was an abuse of process.
The Crown brought an application to admit similar fact evidence across the counts and from a separate Toronto incident.
The court dismissed the abuse of process application, finding the Crown's conduct was a bona fide effort to preserve evidence and avoid multiple proceedings.
The court granted the similar fact evidence application for the counts on the indictment but dismissed it for the extrinsic Toronto evidence, finding its prejudicial effect outweighed its probative value despite DNA evidence.
