The applicant, Dirk Plate, sought an order to be tried separately from his co-accused, Paul Caron, on charges of fraud and theft arising from an alleged $20 million kickback scheme.
The Crown alleged a common criminal enterprise, invoking the Carter rule for the admissibility of evidence.
The court balanced the factors under the interests of justice test, including the truth-seeking function, judicial economy, and potential prejudice.
The court found that a joint trial was the best way to assess witness credibility and avoid inconsistent findings, and that the applicant failed to demonstrate a real likelihood of injustice if tried jointly.
The application for severance was dismissed.
