The applicant sought an order compelling the trial judge to produce his personal working copy of the Crown's section 11(b) response materials, alleging they might differ from the copies provided to the defence and could establish bias.
Alternatively, the applicant sought a stay of proceedings.
The court dismissed the application, finding the request was speculative and amounted to a fishing expedition without any air of reality.
The court suggested the applicant obtain the materials directly from the Crown to complete the appeal record.