The applicant, charged with 13 counts of fraud over $5,000, brought a s. 11(b) Charter application alleging unreasonable delay.
The total delay from charge to anticipated end of trial was 54.5 months.
Applying the transitional framework and the Jordan principles, the court deducted 25 months and 1 week of delay attributable to the defence, bringing the net delay to 29 months and 1 week, which is below the 30-month presumptive ceiling for superior courts.
The court dismissed the application, finding the defence failed to demonstrate a sustained effort to expedite the proceedings.
