DATE: 20040510
DOCKET: C38351

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) - and - GARY WAYNE PATTERSON (Respondent)

BEFORE:

ABELLA, SIMMONS and LANG JJ.A.

COUNSEL:

C. Jane Arnup for the appellant

Paul Burstein for the respondent

HEARD & ENDORSED:

May 6, 2004

On appeal from the order of the stay of proceedings imposed by Justice I. Nordheimer of the Superior Court of Justice dated April 24, 2002.

APPEAL BOOK ENDORSEMENT

[1] We see no basis for interfering with the discretion exercised by the trail judge. The Crown concedes that the granting of a stay is discretionary and, as such, is entitled to considerable deference.

[2] These charges arose out of incidents that occurred in 1990 and 1991. Both the complainant and the police decided not to pursue an investigation when these matters were brought to the police's attention in 1992. Charges were not laid until 2000 when the police were investigating the accused on other matters and were, fortuitously, contacted by the complainant for no related purpose.

[3] According, the appeal is dismissed.