The respondent was charged with failing to provide a breath sample and impaired driving.
On the scheduled court date, the informations could not be located, and no action was taken by the court.
The informations were later found with another magistrate, and the respondent was summoned to appear at a later date.
The respondent objected to the court's jurisdiction.
Following the concurrent decision in R. v. Krannenburg, the Supreme Court of Canada held that the court lost jurisdiction over the offence when nothing was done on the appointed date.
The Crown's appeal was dismissed.
