This decision concerns an application for a stay of proceedings under section 11(b) of the Charter due to unreasonable delay.
The court applied the Jordan framework, calculating a total delay of 569 days, exceeding the 18-month presumptive ceiling for the Ontario Court of Justice.
The court attributed 16.5 days of delay to the defence due to unavailability for a continuation date, resulting in a net delay of 552.5 days, still above the ceiling.
The Crown failed to establish exceptional circumstances.
Even if the net delay fell below the ceiling, the court found the delay of 536 days (if all 33 days were attributed to defence) was "markedly longer than it should have" for a simple one-day domestic trial, given the Crown's failure to expedite disclosure and issues with court resources.
Consequently, the application for a stay of proceedings was granted.
