Court of Appeal for Ontario
Doherty, Laskin and Feldman JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Daniel Te-Wei Yen
Applicant (Appellant)
Counsel:
Peter Lindsay, for the applicant (appellant)
Avene Derwa, for the respondent
Heard and released orally: March 17, 2014
On appeal from the order of Justice M.E. Vallee of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated June 7, 2013, overturning the stay of proceedings ordered by Justice R.A. Minard, dated August 20, 2012.
ENDORSEMENT
1Leave to appeal under s. 839 should be granted sparingly.
2We are satisfied that this is not a case for leave. Having regard to the positions taken at the set date and counsel’s availability for a consecutive two-day trial, we calculate the institutional delay at 10 months. That delay, in light of the relative complexity of the trial – counsel for the accused anticipated a two-day trial – is within the Morin guidelines, albeit barely, and is not inconsistent with the case law from the jurisdiction in question, which has recognized nine months as the outer limits for delay in simple, straightforward impaired driving cases.
3Leave to appeal is refused.
“Doherty J.A.”
“John Laskin J.A.”
“K. Feldman J.A.”