DATE: 20021021 DOCKET: C37989

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Appellant) –and– MARK ALLAN EIZENGA (Respondent)

BEFORE: FINLAYSON, MOLDAVER and FELDMAN JJ.A.

COUNSEL: Morris Pistyner and Concetta Zary, for the appellant

Duncan Boswell and Ben Na, for the respondent

HEARD: October 10, 2002

RELEASED ORALLY: October 10, 2002

On appeal from the stay of proceedings granted by Justice Kenneth Langdon of the Superior Court of Justice dated March 5, 2002.

E N D O R S E M E N T

[1] [1] We are not prepared to interfere with the decision of Langdon J. Having regard to the expiration of more than 4½ years from the laying of the initial charges, there was an onus on the Crown to justify the delay. It failed to do so to the satisfaction of Langdon J. We particularly note his findings with respect to the prejudice suffered by the respondent, which are fully supported by the record.

[2] [2] Accordingly, the appeal is dismissed.

Signed: “G.D. Finlayson J.A.”

“M.J. Moldaver J.A.”

“K. Feldman J.A.”