Court of Appeal for Ontario

Date: 2021-11-16 Docket: M52673 (C67831)

Before: Doherty, Pardu and Thorburn JJ.A.

Between: Her Majesty the Queen, Respondent and Steven Nowack, Appellant

Counsel: Paul Slansky, for the appellant Matthew Asma, for the respondent Noah Schachter, for the Toronto Police Service

Heard and released orally: November 12, 2021

Reasons for Decision

[1] Counsel for the Toronto Police Service advises that he learned this morning, about an hour before the appeal was scheduled to start, that the police had recovered additional emails that may be pertinent to this motion. Counsel is understandably unable to provide any details of the recovery at this point. Counsel all agree that the motion should be adjourned sine die to allow the parties to explore this latest development. We agree.

[2] The motion is adjourned sine die. Any matters that may arise from this recent recovery may be addressed by Justice Rouleau, the case management judge.

"Doherty J.A."

"G. Pardu J.A."

"J.A. Thorburn J.A."