The applicant sought a stay of proceedings for breach of his Charter right to be tried within a reasonable time under section 11(b).
The applicant was charged with fraud on March 6, 2024.
The Crown indicated an intention to prosecute the applicant jointly with a co-accused, but never formalized this by laying a joint information or obtaining a court order.
Trial dates were scheduled to conclude on November 21, 2025, approximately 20.5 months after charges were laid, exceeding the presumptive ceiling established in R. v. Jordan.
The court found that the Crown had reasonable alternatives available on February 11, 2025, to schedule the trial within the Jordan ceiling but failed to pursue them, instead accommodating the schedule of the co-accused's counsel who was not retained for trial.
The court granted the stay.
