Court File and Parties
COURT FILE NO.: 22/16 DATE: 2017/02/14 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Her Majesty the Queen, Crown -and- Stephen Jurkus, Defendant -and- Leslie Lonsbary, Defendant
BEFORE: Justice A. K. Mitchell
COUNSEL: J. Carnegie, for the Crown P. Ducharme, for the defendant Stephen Jurkus R. Ellis, for the defendant Leslie Lonsbary
HEARD: February 1 and 2, 2017
Corrigendum
MITCHELL J.
[1] Paragraphs 23 and 71 ix. of the Ruling released February 13, 2017, shall be replaced by the following and shall read as follows:
[23] Following the judicial pretrial, the matter proceeded to the next assignment court on August 9, 2016 for trial scheduling. The parties estimated a three week jury trial was needed. Mr. Ducharme was unavailable until April 2017. Mr. Ellis was unavailable during the last two weeks of April 2017; however, was available all other times. The Crown was unavailable during November 2016 but was available all other times. The court’s availability prior to April 2017 is unknown. The court was unavailable the first week of May 2017. Mr. Lonsbary’s s. 11(b) Charter application was scheduled for February 1 and 2, 2017. The agent for Mr. Ducharme in attendance on August 9, 2016 did not advise the court or the Crown of Mr. Jurkus’ intention to bring a s.11(b) application. He was silent on the issue. A 3-week jury trial was scheduled to commence on May 8, 2017.
[71] xi. The preliminary hearing judge reserved her committal decision for 87 days. While a portion of this delay is inherent as it cannot be expected that the preliminary hearing judge render her decision on committal immediately following the conclusion of the hearing, I find that two months of this delay is not inherent and counts toward the determination of reasonableness.
“Justice A. K. Mitchell” Justice A.K. Mitchell Date: February 14, 2016
COURT FILE NO.: 22/16 DATE: 2017/02/14 ONTARIO SUPERIOR COURT OF JUSTICE FAMILY COURT BETWEE N: HER MAJESTY THE QUEEN - and - STEPHEN JURKUS -and- LESLIE LONSBARY CORRIGENDUM MITCHELL J. Released: February 14, 2017