The Crown appealed a stay of proceedings granted to five accused charged with a $13 million fraud.
The trial was delayed by 60 months, significantly exceeding the 30-month presumptive ceiling established in Jordan.
The Crown argued the delay was justified by the complexity of the case, the unexpected illness of two judges, and transitional exceptional circumstances.
The Court of Appeal dismissed the appeal, finding the application judge properly accounted for the case's complexity and the discrete event of the judges' illnesses, and correctly concluded that the delay was unreasonable and could not be justified under the transitional exception.
